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IN RE AGUILAR

No. B203595.

168 Cal.App.4th 1479 (2008)

In re ZENAIDO AGUILAR on Habeas Corpus.

Court of Appeals of California, Second District, Division Three.

[CERTIFIED FOR PARTIAL PUBLICATION]

Attorney(s) appearing for the Case

Picone & Defilippis and Steve M. Defilippis, under appointment by the Court of Appeal, for Petitioner Zenaido Aguilar.

Edmond G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Heather Bushman, Jessica N. Blonien, and Lora Fox Martin, Deputy Attorneys General, for Respondent State of California.

OPINION

KITCHING, J.

INTRODUCTION

In 1991, petitioner Zenaido Aguilar (Aguilar) was convicted of second degree murder. The victim was his former wife Roberta Aguilar. In 2005, the Board of Parole Hearings (Board) found that Aguilar was suitable for parole. Governor Arnold Schwarzenegger, however, reversed the Board's decision.

Aguilar asserts two primary arguments. The first is that he was not properly or timely served with...

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