In re Reese 5/27/10 CA2/1

State: California

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

Docket No: B220858

Case Date: 09/16/2010

Preview:Filed 5/27/10 In re Reese CA2/1

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

In re THOMAS REESE III On Habeas Corpus.

B220858 (Los Angeles County Super. Ct. Nos. BH006321, BA108906)

ORIGINAL PROCEEDINGS; petition for writ of habeas corpus. Peter P. Espinoza, Judge. Petition granted. Richard D. Pfeiffer, under appointment by the Court of Appeal, for Defendant and Petitioner. Edmund G. Brown, Jr., Attorney General, Julie L. Garland, Assistant Attorney General, Anya M. Binsacca and Steven G. Warner, Deputy Attorneys General, for Plaintiff and Respondent.

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Pro. per. petitioner Thomas Reese III seeks review of the November 16, 2009 order of the superior court, denying his petition for writ of habeas corpus. Reese`s habeas petition challenges the April 28, 2009 denial of parole for three years by the Board of Parole Hearings. In light of Reese`s involvement in self-help and vocational programming, the lack of any serious disciplinary reports, the prison psychologist`s conclusion that he presents a low risk to the community upon release, and his solid parole plans, we grant the petition. FACTS Reese`s minimum parole eligibility date is July 2, 2010. Commitment offense On March 3, 1995, when he was 16 years old, Reese and two cohorts robbed two bank tellers. A few days later, Reese and another youth approached victim Christopher Lewis at a bus stop; using a handgun, Reese shot Lewis in the face. In 1995, Reese entered a plea to second degree murder with the use of a firearm (Pen. Code,

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