In Re Viray

McINTYRE, J.

Nicomedes Viray challenges Governor Arnold Schwarzenegger's reversal of a decision by the Board of Parole Hearings (the Board) finding him suitable for release on parole. We conclude there was no evidence to support the Governor's ultimate conclusion that Viray was unsuitable for parole because he currently posed an unreasonable risk to public safety and therefore grant the requested relief.

The facts of Viray's offense, as derived from the Governor's reversal of the Board's decision, are as follows:

On the night of February 14, 1982, 27-year-old Viray went to a nightclub with several of his friends carrying a large knife in his waistband. While on the dance floor, Victor Gonzales Cacha bumped into Viray several times and kicked him. Viray felt intimidated, drew his knife and stabbed Cacha once or twice in the chest. Viray continued to stab Cacha after the men fell to the floor. Someone took the knife away from Viray, but one of Viray's friends grabbed the knife and fled the nightclub with Viray. Cacha suffered stab wounds to each arm, left thigh, heart and lung and died from his injuries.

Police arrested Viray the following day and discovered that he had no prior…