In Re Juarez

Petitioner Ernesto Rangel Juarez petitions this court for a writ of habeas corpus releasing him from prison after the Board of Parole Hearings (Board) denied him parole and the San Mateo County Superior Court denied a previous writ petition. There is no evidence in the record to support the Board’s denial, or that Juarez continues to pose an unreasonable risk of danger to society. Therefore, in accordance with In re Lawrence (2008) 44 Cal.4th 1181 [ 82 Cal.Rptr.3d 169 , 190 P.3d 535 ] (Lawrence), we grant his petition.

Juarez, presently 50 years old, was convicted in 1982 of the second degree murder of Bruce Farley, who was killed in a vehicle collision Juarez caused when, impaired by PCP and other substances, he lost control of his car as he raced away from police. Juarez was a repeat substance abuser who had been in previous collisions, and had been warned of the hazards of driving under the influence. The Board granted him parole in 2004, only to be reversed by the Governor. As of his July 2008 Board hearing, Juarez had for some time fully accepted responsibility for the commitment offense and for knowingly driving while high on PCP, had not disputed any of the facts…