In re Staben 11/6/07 CA4/2

State: California

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

Docket No: E041712

Case Date: 02/27/2008

Preview:Filed 11/6/07 In re Staben CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOURTH APPELLATE DISTRICT DIVISION TWO

In re LEE STABEN, On Habeas Corpus. E041712 (Super.Ct.No. RIC454914) OPINION

ORIGINAL PROCEEDING; petition for writ of habeas corpus. Petition granted. Marc Elliott Grossman and Richard Pfeiffer for Petitioner. Edmund G. Brown, Jr., Attorney General, and Amanda Lloyd, Deputy Attorney General, for Respondent. In this matter petitioner Lee Staben challenges a decision by the Board of Parole Hearings (Board) finding him unsuitable for parole.1 We resolve the case on the

Following a hearing before the Board on December 20, 2002, petitioner was found suitable for parole. However, this was reversed by the Governor under the authority granted by Penal Code section 3041.2. The instant petition involves the Board's decision following a hearing held on August 8, 2005.

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simple basis that no evidence supports the Board's stated reasons for this finding. Accordingly, we will direct the Board to vacate its decision and conduct a new parole hearing for petitioner, following the guidance provided in this opinion. (Pen. Code,

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