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IN RE BURNS

No. C049060.

40 Cal.Rptr.3d 1 (2006)

136 Cal.App.4th 1318

In re Steven BURNS, On Habeas Corpus.

Court of Appeals of California, Third District.

January 25, 2006.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Stephen P. Acquisto and Krista L. Pollard, Deputy Attorneys General, Sacramento, CA, for Appellant.

Heather MacKay, Oakland, CA, for Respondent.

MORRISON, J.

Petitioner Steven Burns is serving a term of 15 years to life following his 1980 conviction of second degree murder. In October 2002, the Board of Prison Terms (now Board of Parole Hearings; hereafter Board) determined that Burns was not suitable for parole and deferred further consideration of parole for five years on the ground that it was unreasonable to expect Burns to be found suitable for parole within that period.1...

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