Mardesich
Mardesich v. Youthful Offender Parole Bd.
Opinion
Opinion
STEVEN J. STONE, J. [*]
Destinni Ann Mardesich appeals the summary denial of her petition for writ of administrative mandamus which challenged an order of the Youthful Offender Parole Board (Board) returning her from the California Youth Authority (CYA) to the Orange County Superior Court for commitment to state prison.
We hold that because the Board's decision directly affected a vested fundamental right, the trial court should have exercised its independent judgment in reviewing the Board's decision. The trial court's failure to do so precludes meaningful review by us. We reverse and remand the matter for reconsideration in light of the appropriate trial court review standard.
On September 3, 1991, 17-year-old Ryan Lo and 19-year-old Jonathan Freshour murdered Damian McKenna, Mardesich's former boyfriend and father of their child, L. Because she feared McKenna would seek custody of L., Mardesich told Lo and Freshour that he had abused and threatened her and the child. She was present when they lured McKenna to a remote area in Orange County. Lo shot McKenna twice in the head and then smashed his head with a rock. Mardesich was then 16 years old.