PEOPLE v. COMMUNITY RELEASE BD.

Docket No. 20869.

96 Cal.App.3d 792 (1979)

158 Cal. Rptr. 238

THE PEOPLE, Plaintiff and Respondent, v. COMMUNITY RELEASE BOARD, Defendant and Respondent; GARY HAROLD PHOENIX, Real Party in Interest and Appellant.

Court of Appeals of California, Fourth District, Division Two.

September 7, 1979.


Attorney(s) appearing for the Case

COUNSEL

Lawrence Buckley for Real Party in Interest and Appellant.

Quin Denvir, State Public Defender, J. Courtney Shevelson and Richard Lennon, Deputy State Public Defenders, as Amici Curiae on behalf of Real Party in Interest and Appellant.

Cecil Hicks, District Attorney, Michael R. Capizzi, Assistant District Attorney, and John D. Conley, Deputy District Attorney, for Plaintiff and Respondent.

No appearance for Defendant and Respondent.


OPINION

GARDNER, P.J.

In 1971, real party in interest Gary Harold Phoenix was tried and convicted of 30 felony counts, the most serious being 4 counts of kidnaping for robbery in which the victim suffered bodily harm (§ 209).1 Real party was sentenced to death but after our Supreme Court's decision in People v. Anderson, 6 Cal.3d 628 [

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