In Re Fuentes
Opinion
Opinion
McCONNELL, J.
The Board of Prison Terms (Board) appeals from the superior court order vacating the decision denying Gilbert Fuentes a parole release date. We conclude the trial court erroneously granted relief and therefore we reverse.
FACTS
The Commitment Offense
On September 20, 1986, Fuentes met Richard Luken at a friend’s house. Luken, who had been recently released from prison, showed off a knife his sister had given to him. Luken accompanied Fuentes to a convenience store. Meanwhile, Kevin Schatzke and Kenneth Redmond, two sailors returning from a night of drinking at a nearby club, stopped at the same convenience store to buy a six-pack of beer. They left the store shortly after Fuentes and Luken.
According to Schatzke, he and Redmond walked past Fuentes and Luken, who then stopped. Fuentes and Luken started walking again. Schatzke heard the two men coming up fast behind him. He and Redmond turned to confront them. Schatzke swung at Luken, hitting him. Neither Fuentes nor Luken said anything before the confrontation. Schatzke testified he fought briefly with Luken while Redmond fought with Fuentes. Fuentes was able to pull free from Redmond, pulled a knife and stabbed…