In re Bean CA3

Filed 8/8/13 In re Bean CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento)

C072465

In re ANTHONY BEAN (Super. Ct. No. 11F07120) on Habeas Corpus.

This petition challenges a decision of California’s Department of Corrections and

Rehabilitation (CDCR) validating petitioner, prison inmate Anthony Bean, as an active

member of the Black Guerrilla Family (BGF) prison gang. Prison regulations provide

that a gang validation must be premised on three independent sources of information

(“source items”) . (Cal. Code Regs., tit. 15, § 3378, subd. (c)(3).)1 Although CDCR

relied on four source items, two of the source items fail to meet the requirements of

CDCR’s regulations. Specifically, one source item, a report from the “debriefing” of a

prison gang member, fails to refer to “specific gang related acts or conduct” by…