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IN RE BETTENCOURT

No. H030822.

67 Cal.Rptr.3d 497 (2007)

156 Cal.App.4th 780

In re Daniel Fredrick BETTENCOURT, on Habeas Corpus.

Court of Appeal of California, Sixth District.

As Modified October 19, 2007.

Attorney(s) appearing for the Case

Edmond G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Anya M. Binsacca, Supervising Deputy Attorney General, Denise A. Yates, Deputy Attorney General, for the People.

Heather Mackay, Oakland, CA, Sixth District Appellate Program, Santa Clara, CA, for Daniel Bettencourt.

BAMATTRE-MANOUKIAN, Acting P.J.

I. INTRODUCTION

Petitioner Daniel Fredrick Bettencourt pleaded guilty to second degree murder (Penal Code, § 187)1 in 1981 and is presently serving a sentence of 15 years to life in California State Prison, Solano. After a hearing held on July 24, 2002, the Board of Prison Terms (now the Board of Parole Hearings; hereafter Board)

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