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IN RE DANNENBERG

No. S111029.

23 Cal.Rptr.3d 417 (2005)

34 Cal.4th 1061

104 P.3d 783

In re John E. DANNENBERG on Habeas Corpus.

Supreme Court of California.

Rehearing Denied February 23, 2005.

Certiorari Denied October 3, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Paul D. Gifford, Assistant Attorney General, Allen R. Crown, Acting Assistant Attorney General, Susan Duncan Lee and Matthew D. Mandelbaum, Deputy Attorneys General, for Appellant the People.

Bonnie M. Dumanis, District Attorney (San Diego), George M. Palmer, Head Deputy District Attorney, Richard J. Sachs, Deputy Distrust Attorney; and David R. LaBahn for California District Attorneys Association as Amicus Curiae on behalf of Appellant the People.

Kathleen Kahn, San Francisco, under appointment by the Supreme Court, for Respondent John E. Dannenberg.

Certiorari Denied October 3, 2005. See 126 S.Ct. 92.

BAXTER, J.

In this case involving a second degree murderer, we consider how the Board of Prison Terms (Board or BPT) may determine that a prisoner with an "indeterminate" life sentence, having served the minimum period of confinement required by statute, is nonetheless presently unsuitable for the setting of a fixed parole release date because the gravity...

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