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IN RE LIRA

No. H036162.

207 Cal.App.4th 531 (2012)

143 Cal. Rptr. 3d 491

In re JOHNNY LIRA on Habeas Corpus.

Court of Appeals of California, Sixth District.

June 29, 2012.

Attorney(s) appearing for the Case

Steve M. Defilippis , under appointment by the Court of Appeal, for Petitioner Johnny Lira.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Julie L. Garland , Assistant Attorney General, Anya M. Binsacca , Phillip Lindsay and Brian C. Kinney , Deputy Attorneys General, for Respondent The People.

OPINION

RUSHING, P. J. —

I. INTRODUCTION

In this case we conclude that when a prison inmate remains incarcerated after the Governor has erroneously vetoed a decision to grant parole by the Board of Parole Hearings (Board), the period of continued incarceration is not lawfully served, and the inmate is entitled to custody credit against his term of imprisonment, which includes...

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