IN RE SMITH

No. B157419.

134 Cal.Rptr.2d 781 (2003)

109 Cal.App.4th 489

In re MARK SMITH, On Habeas Corpus.

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

Review Denied September 24, 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, and Diann Sokoloff, Deputy Attorney General, for Respondent the People.

Rowan K. Klein, under appointment by the Court of Appeal, Los Angeles, Prison Law Office, Donald Specter, San Quentin, and Zachary Katznelson for Petitioner Mark Smith.


MIRIAM A. VOGEL, J.

Mark Smith was convicted of second degree murder and sentenced to an indeterminate prison term of 16 years to life. Three years ago, the Board of Prison Terms found Smith suitable for parole and set a parole date. The Governor reviewed the Board's decision and reversed it, finding Smith was not suitable for parole. Smith challenged that decision by way of a petition for a writ of habeas corpus, which was granted, and the matter is now before us...

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