In Re Ross

When the Board of Parole Hearings (Board) determines that a prisoner sentenced to an indeterminate prison term is suitable for parole (Pen. Code, § 3041), the Governor has the authority to review the matter de novo and to reverse or modify the Board’s parole decision. (Cal. Const., art. V, § 8, subd. (b); Pen. Code, § 3041.2, subd. (b); In re Lawrence (2008) 44 Cal.4th 1181, 1204 [ 82 Cal.Rptr.3d 169 , 190 P.3d 535 ] [“[T]he Governor undertakes an independent, de novo review of the inmate’s suitability for parole . . . .”] (hereafter Lawrence).) When the Board or Governor finds a prisoner unsuitable for parole, the prisoner may seek judicial review, by petition for writ of habeas corpus. (In re Rosenkrantz (2002) 29 Cal.4th 616, 652, 658 [ 128 Cal.Rptr.2d 104 , 59 P.3d 174 ] (hereafter Rosenkrantz).) The court’s review “is limited to ascertaining whether there is some evidence in the record that supports [the unsuitable for parole finding]” (id. at p. 677), i.e., there is some evidence that, at the time parole was denied, the prisoner “continues to pose an unreasonable risk to public safety [if released from prison]” (Lawrence, supra, 44 Cal.4th at p. 1221 , original…