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IN RE McDONALD

No. B219424.

189 Cal.App.4th 1008 (2010)

In re MICHAEL McDONALD on Habeas Corpus.

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

November 2, 2010.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr. , Attorney General, Julie L. Garland , Assistant Attorney General, and Kim Aarons , Deputy Attorney General, for Appellant Michael McDonald.

Nancy Tetreault , under appointment by the Court of Appeal, for Respondent State of California.

OPINION

WOODS, J.—

SUMMARY

We find the Governor's reversal of the decision by the Board of Parole Hearings (Board) to grant parole to Michael McDonald is not supported by any evidence McDonald currently poses an unreasonable risk of danger to society. Accordingly, we affirm the trial court's grant of the petition for writ of habeas corpus.

FACTUAL AND PROCEDURAL SYNOPSIS

A jury convicted McDonald...

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