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IN RE MORGANTI

No. A132610.

204 Cal.App.4th 904 (2012)

139 Cal. Rptr. 3d 430

In re CHRISTOPHER MORGANTI on Habeas Corpus.

Court of Appeals of California, First District, Division Two.

As modified April 16, 2012.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Julie L. Garland , Assistant Attorney General, Anya M. Binsacca and Amber N. Wipfler , Deputy Attorneys General, for Appellant The People.

Michael Satris , under appointment by the Court of Appeal, for Petitioner Christopher Morganti.

OPINION

RICHMAN, J.—

The People appeal from an order granting Christopher Morganti's petition for a writ of habeas corpus and directing the Board of Parole Hearings (the Board) to hold a new hearing to determine whether to fix a release date for Morganti. Like the trial court, we conclude that, even applying the ultralenient "some evidence" standard, the Board's decision that Morganti is unsuitable for parole cannot be upheld. Accordingly...

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