Morris

In these consolidated appeals which we refer to the appellants as the People, we consider whether the 1981 and 1982 amendments to Penal Code section 3041.5, subdivision (b)(2), which changed the requirement for annual parole suitability hearings to permit the Board of Prison Terms (board) to schedule hearings every two or three years, violate the federal and state proscription against ex post facto laws (U.S. Const., art. I, § 10, cl. 1; Cal. Const., art. 1, § 9) when retrospectively applied to respondent life prisoners.

We conclude the amended statute is merely a procedural change which does not unconstitutionally disadvantage respondent inmates and does not constitute an ex post facto law. The People appeal from a summary judgment granted in favor of respondents Morris, Youngberg, Morse and Jones and from an order granting respondent Ellis’ petition for writ of habeas corpus. In each case, the trial court found that retrospective application of the amended statute constitutes an ex post facto law and ordered the board to hold annual parole suitability hearings for the respondents. We reverse with directions to enter judgment in favor of the People in case No. A025695…