In re Thai

Filed 12/16/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re HIEU HO TRONG THAI A170701

on Habeas Corpus. (Marin County Super. Ct. No. HC0000051)

I. Petitioner Hieu Ho Trong Thai, an inmate serving an indeterminate sentence of 45 years to life for first degree murder, filed a pro per habeas corpus petition raising certain statutory and constitutional claims challenging the timing of his initial youth offender parole hearing under Penal Code section 3051.1 The date of that hearing is linked to his “youth parole eligible date” (YPED) as defined in section 3051, subdivision (a)(2)(C). Central to Thai’s claims is the Public Safety and Rehabilitation Act of 2016 (Proposition 57, adding Cal. Const., art. I, § 32), a ballot initiative amending the California Constitution as a measure to ameliorate prison overcrowding, save costs, and avoid the potential for prison releases by federal court order. (See Voter Information Guide, Gen. Elec. (Nov. 8, 2016) Prop. 57.) Toward these ends, Proposition 57 gave the California Department of Corrections and Rehabilitation (CDCR)…