In Re Lowe

In 1985, Michael Lowe shot and killed the victim, Michael Sanchez. Pursuant to a plea bargain, Lowe pleaded guilty to second degree murder (Pen. Code, § 187) and admitted that he personally used a firearm in the commission of that offense (Pen. Code, §§ 12022.5, 1203.06). Lowe was sentenced to the indeterminate prison term of 15 years to life; the two-year term for the firearm enhancement was stayed.

In 2002, the Board of Prison Terms (hereinafter the Board) found Lowe suitable for parole and set a release date. The former Governor of California, Gray Davis, (hereinafter the Governor) reviewed and reversed the Board’s decision, finding that Lowe would “pose an unreasonable risk of danger to society if released from prison.” (Cal. Code Regs., tit. 15, § 2402, subd. (a); see Pen. Code, § 3041.2; Cal. Const., art. V, § 8.) Thereafter, Lowe filed a petition for writ of habeas corpus in Santa Clara County Superior Court, challenging the Governor’s decision. The superior court granted the writ and issued an order directing Lowe’s release.

The Governor has appealed the superior court’s decision to this court. We have stayed the trial court’s order pending appeal. We now…