In Re McClendon

Petitioner Barney McClendon is serving a prison sentence of 15 years to life for the 1981 murder of his wife, enhanced two years for firearm use in committing the offense. The Governor found that petitioner is unsuitable for parole and reversed a decision of the Board of Prison Terms (Board) approving parole. Petitioner sought judicial review of the Governor’s denial of parole. The superior court found that the Governor’s decision lacked evidentiary support and granted a petition for writ of habeas corpus ordering petitioner’s release on parole. The superior court’s order predated issuance of In re Rosenkrantz, in which our Supreme Court elucidated the standards for reviewing a decision by the Governor finding that a prisoner is unsuitable for parole. (In re Rosenkrantz (2002) 29 Cal.4th 616 [ 128 Cal.Rptr.2d 104 , 59 P.3d 174 ].) Viewed under the proper review standards, the Governor’s decision is supported by the evidence. Accordingly, we reverse the superior court’s order releasing petitioner on parole.

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FACTS

The evidence submitted to the Board, and reviewed by the Governor and the superior court, established that petitioner shot and killed his estranged wife,…