In re Ledbetter
In 1989, when defendant Randy Ledbetter was 16 years old, a jury convicted him of attempted first degree murder, robbery, and first degree burglary. The jury also found, as to the attempted murder, that defendant inflicted great bodily injury on the victim. He was sentenced to a term of life with possibility of parole for the attempted murder plus a determinate term of five years, four months for the robbery and burglary. On November 14, 2007, at defendants sixth hearing before the Board of Parole Hearings (Board), the Board found defendant unsuitable for parole because he posed an unreasonable risk of danger to the public if released. The reasons cited by the Board were defendants unstable social history, his questionable sincerity in claiming that he was now taking full responsibility for the crime, and the aggravated circumstances of the attempted murder. On August 5, 2008, defendant filed a petition for writ of habeas corpus in the Butte County Superior Court seeking reversal of the Boards ruling. On November 18, the trial court (Judge Robert A. Glusman) granted the petition, finding that no evidence supported the Boards finding that defendant was currently dangerous. The court directed the Board to set a parole date and to release the defendant forthwith. On November 26, the People filed a notice of appeal from, and a request for a stay of, the trial courts orders. On December 1, Court granted the stay pending further order by this court.
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