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IN RE RICO

No B207448.

171 Cal.App.4th 659 (2009)

In re DANIEL RICO on Habeas Corpus.

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

February 26, 2009.

Attorney(s) appearing for the Case

Michael Satris, under appointment by the Court of Appeal, for Petitioner Daniel Rico.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Jennifer A. Neill and Jennifer L. Dolan, Deputy Attorneys General, for Respondent State of California.

OPINION

ALDRICH, J.—

In 1993, petitioner Daniel Rico was convicted by a jury of second degree murder with a principal-armed enhancement. He was sentenced to a term of 16 years to life in prison. In 2007, the Board of Parole Hearings (BPH) for the third or fourth time found Rico unsuitable for parole, based solely on the gravity of his commitment offense. Rico challenged the BPH's 2007 decision by way of a petition for writ of habeas corpus...

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