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IN RE MONTGOMERY

No. B192544.

67 Cal.Rptr.3d 721 (2007)

156 Cal.App.4th 930

In re Michael MONTGOMERY, on Habeas Corpus.

Court of Appeal of California, Second District, Division Six.

November 7, 2007.

Attorney(s) appearing for the Case

Rich Pfeiffer, for Petitioner Michael Montgomery.

Edmund G. Brown, Jr., Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Anya M. Binsacca, Supervising Deputy Attorney General, Collette C. Cavalier, Deputy Attorney General, for Respondents Arnold Schwarzenegger, Governor, State of California; Kathy Mendoza-Powers, acting Warden, Avenal State Prison; and James E. Tilton, Secretary, California Department of Corrections and Rehabilitation.

PERREN, J.

The Governor appeals from a superior court order granting a petition for writ of habeas corpus filed by Michael Montgomery and ordering that he be released.1 The superior court determined that Governor Arnold Schwarzenegger's reversal of the Board of Parole Hearings' (Board) decision finding Montgomery suitable for parole was based solely on the nature of the commitment offense...

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