In re Huynh 4/16/08 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H031395

Case Date: 07/30/2008

Preview:Filed 4/16/08 In re Huynh CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

In re NAM VAN HUYNH, on Habeas Corpus.

H031395 (Santa Clara County Super.Ct.No. 127919)

In 1989, Nam Van Huynh was convicted of second degree murder and given an indeterminate term of 15 years to life in prison, plus two years for the use of a firearm, for the 1988 killing of his estranged wife.1 In 2002, the Board of Prison Terms, now the Board of Parole Hearings,2 determined that Huynh was suitable for parole but Governor Davis reversed that decision, citing various grounds. The trial court granted Huynh's petition for habeas relief, and we affirmed, finding no evidence in the record to support most grounds relied on by Governor Davis in reversing the Board's decision. But we Holding that Huynh's waiver of preliminary examination, and his submission to a court trial based on police reports, taped statements, and his own testimony in exchange for the elimination of special circumstances and exposure to first degree murder were not tantamount to a plea of guilt, and that the absence of a waiver of the right to selfincrimination, though error, was not prejudicial, we affirmed the judgment of conviction on direct appeal in People v. Huynh (1991) 229 Cal.App.3d 1067, 1076-1080 (Huynh I). There was also a related habeas proceeding addressed in that published opinion in which we granted relief and remanded for further proceedings. (Id. at pp. 1080-1084.) The Board of Prison Terms was abolished as of July 1, 2005, and replaced by the Board of Parole Hearings (Board). (See Pen. Code,

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