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IN RE TAPIA

No. G046142.

207 Cal.App.4th 1104 (2012)

144 Cal. Rptr. 3d 190

In re ALEX TAPIA on Habeas Corpus.

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

June 25, 2012.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Jennifer A. Neill , Assistant Attorney General, Julie A. Malone and Christopher J. Rench , Deputy Attorneys General, for Appellant State of California.

Frank Ospino , Public Defender, Jean Wilkinson , Chief Deputy Public Defender, Mark Brown , Assistant Public Defender, and Christine McDonald , Deputy Public Defender, for Respondent Alex Tapia.

OPINION

FYBEL, J. —

INTRODUCTION

Alex Tapia was convicted of first degree attempted murder, conspiracy to commit murder, and kidnapping, and was sentenced to 26 years to life, with the possibility of parole. After serving more than 15 years in prison, Tapia appeared before the Board of Parole Hearings (the Board) for his first parole hearing. The Board concluded that Tapia was not suitable for parole because he posed an unreasonable...

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