In Re Lee
In Re Wen Lee
Opinion
Opinion
Rubin, J.
Petitioner Wen Lee seeks a writ of habeas corpus ordering his release on parole after Governor Arnold Schwarzenegger reversed the Board of Parole Hearings’ recommendation to grant him parole. We grant the writ and order his release.
FACTS AND PROCEDURAL HISTORY
In 1989, Wen Lee pleaded guilty to second degree murder and attempted premeditated murder. Because there was no trial ending in a verdict, we rely on the probation report for the details of his crimes.
Sometime around 1987, Wen Lee sold his restaurant to Johnny Soong in return for Soong’s promise to make periodic payments toward the purchase price. Lee intended to support his retirement from the sale proceeds. Soong repeatedly failed to make payments, however, causing Lee hardship and forcing him to renegotiate Soong’s debt a number of times. Some renegotiation meetings were heated. During one meeting, Soong pulled a knife on Lee, forcing Lee to flee.
The next time Lee visited Soong at the restaurant to collect a payment, Lee went armed with a gun and box of ammunition. He had decided that, if Soong refused to pay, he would kill Soong and then himself. Lee entered the restaurant and asked Soong for his money.…