In Re Honesto

In August 1984, petitioner Peter Honesto murdered John Re in the course of a kidnapping and attempted robbery. Honesto was tried for capital murder, kidnapping and attempted robbery, but the jury deadlocked. Honesto entered into a plea agreement under which he pleaded no contest to second degree murder and admitted that he had personally used a firearm, and the kidnapping and attempted robbery counts and the special circumstances allegations were dismissed. Honesto was sentenced to 17 years to life in state prison. He was denied parole in 1994 and 1997. After he was again denied parole in 2001, Honesto filed a petition for a writ of habeas corpus in Santa Clara County Superior Court in which he alleged, among other things, that the denial of parole was a violation of his plea agreement and that it was not supported by some evidence. The superior court issued an order to show cause and subsequently granted his petition. It ordered the Board of Prison Terms (the Board) to hold a new parole hearing and severely restricted the factors that the Board could consider at that hearing. The Board appeals. It contends its denial of parole was not a violation of Honesto’s plea…