In Re Duarte

The People appeal from an order granting Patrick Duarte’s petition for writ of habeas corpus. (Pen. Code, § 1506.) We first considered this appeal and reversed the order. (In re Duarte (3 Crim. 11235, Jan. 11, 1982).) Hearing was granted (Supreme Ct. No. 22527, Mar. 17, 1982) and the matter was returned to this court for reconsideration in light of In re Stanworth (1982) 33 Cal.3d 176 [ 187 Cal.Rptr. 783 , 654 P.2d 1311 ].

Upon reconsideration, we conclude Stanworth resolves the question of how petitioner’s parole release date is to be determined, the topic of our previous opinion, but does not address the more narrow issue of how petitioner’s initial suitability for parole is to be determined. Having reexamined this issue, we have determined our prior opinon nonetheless reached the correct result. We shall therefore reverse.

On January 6, 1969, Patrick Duarte robbed a gas station and repeatedly shot the attendant because of the small amount of money available. He was convicted of first degree murder and first degree robbery and was sentenced to life in prison. His minimum eligible parole date was February 1, 1977.

While serving his prison term, Duarte was convicted on…