In re Criscione
In 1979, petitioner Arthur Sam Criscione killed his 22-year-old girlfriend, Dorothy Quintanar, during an argument. He was convicted of second degree murder and committed to state prison to serve an indeterminate term of 15 years to life.
Our independent review of the record suggests that the Board did not adhere to the evidentiary standard recently set forth in In re Lawrence (2008) 44 Cal.4th 1181 (Lawrence), and a companion case, In re Shaputis (2008) 44 Cal.4th 1241 (Shaputis). Lawrence and Shaputis clarified that a decision to deny parole comports with due process only if there is a rational nexus between the relevant statutory factors as found by the Board or the Governor and the determination that the inmate would present a current danger to the public if released. (Lawrence, supra,at p. 1210; Shaputis, supra, at p. 1255.) Since Lawrence and Shaputis were not decided until well after the proceedings from which this appeal is taken, we shall remand the matter to the Board for rehearing in light of this clarifying law.[3] In so doing, we express no opinion on the ultimate issue, which is Crisciones suitability for parole. (See In re McGraw (2009) 171 Cal.App.4th 251.)
Comments on In re Criscione