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IN RE CABRERA

No. F059511.

216 Cal.App.4th 1522 (2013)

158 Cal. Rptr. 3d 121

In re ELVIN CABRERA on Habeas Corpus.

Court of Appeals of California, Fifth District.

June 11, 2013.

Attorney(s) appearing for the Case

Elvin Cabrera, in pro. per.; and Michael Satris , under appointment by the Court of Appeal, for Petitioner Elvin Cabrera.

Kamala D. Harris , Attorney General, Jennifer A. Neill , Assistant Attorney General, Jessica N. Blonien and Amy Daniel , Deputy Attorneys General, for Respondent the People.

OPINION

FRANSON, J. —

INTRODUCTION

In 2008, California's Department of Corrections and Rehabilitation (CDCR) determined that inmate Elvin Cabrera was an associate of the Mexican Mafia prison gang (EME) based on his possession of photocopies of four drawings, two of which included part of the names of EME affiliates as the artists.1 Cabrera challenged his gang validation2

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