In Re Hare

Danny Hare, sentenced in 1985 to an indeterminate term of 15 years to life in state prison for second degree murder, became eligible for parole in August 1992. The Board of Parole Hearings (Board) granted Hare parole in January 2009. However, the Governor, exercising his authority under article V, section 8, subdivision (b), of the California Constitution and Penal Code section 3041.2, reversed the Board’s decision. In December 2009 the superior court granted Hare’s petition for a writ of habeas corpus, finding the Governor’s reversal was untimely and not supported by “some evidence” that Hare currently posed an unreasonable risk of danger to society if released. The warden of the California State Prison, Solano, where Hare is incarcerated, appeals. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Commitment Offense; Hare’s Fugitive Status and Plea After Arrest; Imposition of Sentence

On August 15, 1980 Hare, then a 27-year-old drug abuser, shot his drug supplier, Oscar Ramos, while purchasing cocaine. At his 2008 parole suitability hearing Hare explained his “motives were . . . greed for the cocaine and money, clouded by a terrible drug habit and [I was also] full…