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IN RE McGRAW

No. F054655.

171 Cal.App.4th 251 (2009)

In re DAVID H. McGRAW on Habeas Corpus.

Court of Appeals of California, Fifth District.

February 19, 2009.

Attorney(s) appearing for the Case

Heather MacKay, under appointment by the Court of Appeal, for Petitioner David H. McGraw.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Jessica N. Blonien and Krista L. Pollard, Deputy Attorneys General, for Respondent State of California.

OPINION

GOMES, J.—

In 1981, David H. McGraw was convicted after trial by jury of second degree murder with use of a firearm and sentenced to a 17-year-to-life term. In 2007, a panel of the Board of Parole Hearings (Board) found him not suitable for parole. We will reverse the Board's decision and remand for reconsideration by the Board in light of intervening Supreme Court clarification of the law of parole suitability. We will intimate...

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