In re Miranda
Filed 5/23/06 In re Miranda CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin)
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In re DAMIAN MIRANDA on Habeas Corpus. | C048010 (Super. Ct. No. SC034781A) |
This is yet another in a series of cases in which a decision by the Governor to reverse a life prisoner's grant of parole winds up in court.
Damian Miranda was determined to be a suitable candidate for parole by the Board of Prison Terms (now Board of Parole Hearings; hereafter, the Board). (Pen. Code, § 3041.)[1] of review Exercising his statutory and constitutional powers (see § 3041.2; Cal. Const., art. V, § 8, subd. (b)), Governor Gray Davis reversed the Board's grant of parole.
Miranda filed a petition for writ of habeas corpus in the trial court seeking to overturn the Governor's decision to deny him parole. The court granted the writ, finding the factual basis for the Governor's ruling to be inadequate and unsupported. The Governor's successor now appeals from this order. (§ 1506.)
We will conclude that Governor Davis's decision to deny parole is supported by â€
