In Re DeLuna

On July 7, 1985, defendant Isidro Fernandez DeLuna shot a man to death outside a bar after a drunken argument. Later he pleaded guilty to second degree murder and received an agreed sentence of 17 years to life.

At a hearing on March 27, 2002, the Board of Prison Terms (Board) denied defendant a parole release date and determined that it was not likely defendant would be granted parole in the next three years. The Board concluded “that [defendant] is not suitable for parole and that he would pose an unreasonable risk of danger to society or a threat to public safety if released from prison.”

Here we will conclude that, though certain of the Board’s findings were supported by “some evidence” (In re Rosenkrantz (2002) 29 Cal.4th 616, 658 [ 128 Cal.Rptr.2d 104 , 59 P.3d 174 ] (Rosenkrantz)), a number of the Board’s findings lacked evidentiary support. In light of this conclusion it is prudent to remand the matter for the Board to reconsider its decision in light of defendant’s actual record.

The Commitment Offense

On July 7, 1985, defendant, then age 30, and his friends argued with the victim and his friends in a restaurant bar in Morgan Hill. Defendant said he was…