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IN RE SMITH

No. H025304.

7 Cal.Rptr.3d 655 (2003)

114 Cal.App.4th 343

In re Ernest SMITH, on Habeas Corpus.

Court of Appeals of California, Sixth District.

December 15, 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, Susan Duncan Lee, Supervising Deputy Attorney General, Allen R. Crown, Supervising Deputy Attorney General, for Appellant.

Steve Defilippis, Picon & Defilippis, for Respondent, (Under appointment by the Court of Appeal).

WUNDERLICH, J.

I. Statement of the Case

In 1980, respondent Ernest Smith (Smith) shot and killed his wife. He pleaded guilty to second degree murder and admitted using a firearm and as a result was sentenced to an indeterminate term of 17 years to life. On February 28, 2001, the Board of Prison Terms (the Board) conducted a parole consideration hearing, and a majority found Smith suitable for parole. (See Pen.Code, § 3041.)

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