IN RE DeLUNA

No. H027086.

24 Cal.Rptr.3d 643 (2005)

126 Cal.App.4th 585

In re Isidro Fernandez DeLUNA, on Habeas Corpus.

Court of Appeals of California, Sixth District.

As Modified February 16, 2005.

As Modified on Denial of Rehearing March 3, 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, Anya M. Binsacca, Supervising Deputy Attorney General, Song J. Hill, Deputy Attorney General, for Appellant.

Steve M. Defilippis, Picone & Defilippis, San Jose, for Respondent (Under appointment by the Court of Appeal).


WALSH, J.*

On July 7, 1985, defendant Isidro Fernandez DeLuna shot a man to death outside a bar after a drunken argument. Later he pleaded guilty to second degree murder and received an agreed sentence of 17 years to life.

At a hearing on March 27, 2002, the Board of Prison Terms (Board) denied defendant a parole release date and determined that it was not likely defendant would...

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