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IN RE FAIN

Docket No. AO22049.

145 Cal.App.3d 540 (1983)

193 Cal. Rptr. 483

In re WILLIAM ARCHIE FAIN on Habeas Corpus.

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

July 28, 1983.

Attorney(s) appearing for the Case

COUNSEL

Robert Y. Bell for Petitioner.

Quin Denvir, State Public Defender, Michael R. Snedeker, Deputy State Public Defender, and Rowan K. Klein as Amici Curiae on behalf of Petitioner.

John K. Van de Kamp, Attorney General, Roger E. Venturi and Anthony L. Dicce, Deputy Attorneys General, for Respondent.

Robert H. Philibosian, District Attorney (Los Angeles), Harry B. Sondheim and Richard W. Gerry, Deputy District Attorneys, as Amici Curiae on behalf of Respondent.

OPINION

KLINE, P.J.

This habeas corpus proceeding presents the novel question whether the Governor may suspend the parole release date previously accorded a state prison inmate by the Board of Prison Terms and conduct a hearing to determine whether to rescind said release date. We determine the Governor may not do so; for the clear meaning of the pertinent statutes as well as the legislative history of the specific provision the Governor...

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