In Re Aguilar

INTRODUCTION

In 1991, petitioner Zenaido Aguilar (Aguilar) was convicted of second degree murder. The victim was his former wife Roberta Aguilar. In 2005, the Board of Parole Hearings (Board) found that Aguilar was suitable for parole. Governor Arnold Schwarzenegger, however, reversed the Board’s decision.

Aguilar asserts two primary arguments. The first is that he was not properly or timely served with the Governor’s letter reversing the Board’s decision. The second is that he is suitable for parole because there is no evidence that he currently poses a danger to the public if he is released. We reject the first argument in the unpublished portion of this opinion but agree with the second argument in the published portion. Accordingly, we grant Aguilar’s petition for a writ of habeas corpus and order that Aguilar be released forthwith.

FACTUAL AND PROCEDURAL BACKGROUND

1. Preconviction Personal History

Aguilar was bom in 1931 in San Francisco. He was one of eight children. Aguilar claims that he had a normal childhood and that he got along well with his siblings and parents. Aguilar dropped out of school in the eighth grade. He worked as a wood finisher and was a…