In re JOSEPH ROZZO Part-I
Joseph Rozzo murdered Richard Heggie in 1980. In 1982, a jury found Rozzo guilty of second degree murder, and he is currently serving a sentence of 16 years to life. Rozzo filed this petition for writ of habeas corpus challenging the Governor's reversal of a decision of the Board of Parole Hearings (Board) granting Rozzo parole. Rozzo's primary claim is that the Governor's decision violates his right to due process because there is not sufficient evidentiary support for the decision.
In our initial opinion in this matter, we concluded that there was sufficient evidence to support the Governor's decision. (In re Rozzo (2008) 159 Cal.App.4th 1089, 1106.) We rejected the remainder of Rozzo's claims and denied the petition. (Id. at pp. 1110-1113.) The Supreme Court granted Rozzo's petition for review (In re Rozzo, review granted May 14, 2008, S161469), and subsequently issued two companion decisions, In re Lawrence (2008) 44 Cal.4th 1181 (Lawrence) and In re Shaputis (2008) 44 Cal.4th 1241 (Shaputis), in which the court clarified the law governing judicial review of parole decisions. The Supreme Court then transferred Rozzo's case back to this court with directions to vacate our earlier decision and reconsider the case in light of Lawrence and Shaputis.
We now vacate our prior decision and reconsider the matter, as directed by the Supreme Court. Upon reconsideration, we again conclude that there is sufficient evidence to support the Governor's decision, and reject the remainder of Rozzo's claims. Accordingly, we deny the petition.
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