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IN RE CAPISTRAN

132 Cal.Rptr.2d 872 (2003)

107 Cal.App.4th 1299

In re Christopher CAPISTRAN, on Habeas Corpus.

Court of Appeals of California, Second District, Division Six.

April 21, 2003.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Paul D. Gifford, Senior Assistant Attorney General, Julie L. Garland, Susan Duncan Lee, Supervising Deputy Attorneys General, Heather Bushman, Deputy Attorney General, for Appellants Gray Davis, Governor of the State of California, and Jim Hamlet, Warden, Correctional Training Facility.

Rowan K. Klein, Los Angeles, under appointment by the Court of Appeal, and Keith Wattley for Respondent Christopher Capistran.

PERREN, J.

In In re Rosenkrantz (2002) 29 Cal.4th 616, 676-677, 128 Cal.Rptr.2d 104, 59 P.3d 174, our Supreme Court held that the Governor's decision to deny parole will not be disturbed if supported by "some evidence." But, in reaching that conclusion a reviewing court must also be satisfied that the Governor's decision was based on the same...

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