IN RE FUENTES

No. D045848.

37 Cal.Rptr.3d 426 (2005)

135 Cal.App.4th 152

In re Gilbert FUENTES on Habeas Corpus.

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

December 27, 2005.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Michelle Des Jardins, Heather Bushman, Collette C. Cavalier, Julie L. Garland and Nicholas N. Paul, Deputy Attorneys General, for Appellant.

Steven J. Carroll, Public Defender, and Matthew Braner, Deputy Public Defender, for Respondent.


McCONNELL, P.J.

The Board of Prison Terms (Board) appeals from the superior court order vacating the decision denying Gilbert Fuentes a parole release date. We conclude the trial court erroneously granted relief and therefore we reverse.

FACTS

The Commitment Offense

On September 20, 1986, Fuentes met Richard Luken at a friend's house. Luken, who had been recently released from prison, showed off a knife his sister had given to him...

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