In re Nguyen

Good Law
Court of Appeal of CaliforniaNovember 27, 2024B329158California3,255 words

Opinion

Opinion

BACKGROUND

When he was about 22 years old, Nguyen committed various crimes, and in 2003, a jury convicted him of attempted murder (Pen. Code, §§ 664, 187, subd. (a)), kidnapping (id., § 207), and assault with a firearm (id., § 245, subd. (a)(2)). The jury also found true firearm allegations (id., §§ 12022.53, subd. (d), 12022.5). The trial court sentenced Nguyen to a determinate term of 14 years, an indeterminate term of 25 years to life, and a life term with the possibility of parole. While incarcerated, Nguyen has earned good conduct credit, milestone completion credit, rehabilitative achievement credit, educational merit credit, and extraordinary conduct credit. The department has applied those credits against his MEPD, which is in February 2036. The department has applied the educational merit credit against his YPED, which is in October 2026. In 2022, Nguyen petitioned the trial court for a writ of habeas corpus, arguing that he was entitled to have his YPED advanced by good conduct credit, milestone completion credit, rehabilitative achievement credit, and extraordinary conduct credit. The trial court denied his petition. Nguyen then petitioned for a writ of habeas corpus…

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