In Re Van Houten

Appellant John Dovey, Warden of the California Institution for Women, appeals from the superior court order filed June 3, 2002, on the petition for writ of habeas corpus filed by Leslie Van Houten (Van Houten). The trial court order grants the petition “to the extent that the matter is remanded back to the . . . Board [of Prison Terms] to make findings which contain the facts from the record which the Board finds to be ‘some evidence’ as a basis for the finding that the positive factors demonstrated regarding [Van Houten] and her institution[al] performance are outweighed by the gravity of the offense [citation] which is and will continue to be an unchanging factor. The Board is also to cite some evidence from the record that supports the conclusion that the gravity of the convicted offense is such that consideration of the public safety requires a more lengthy period of incarceration in light of the positive factors showing suitability for parole. The Board is also to make some findings containing the facts from the record which it considers consisting of ‘some evidence’ that support the conclusion that [Van Houten’s] engaging in further institutional participation will…