Englund

ORDER GRANTING PETITIONER’S WRIT FOR HABEAS CORPUS

The matter before the Court is Petitioner David Englund’s (hereinafter, “Petitioner”) Petition for a Writ for Habeas Corpus (hereinafter, “Petition”) challenging the Board of Prison Terms’s (hereinafter, “the Board”) denial of parole at Petitioner’s October 4, 2006, suitability hearing. The Court hereby GRANTS the Petition because the Board’s denial was entirely predicated upon the offense Petitioner committed thirty years before.

BACKGROUND

This Petition arises out of Petitioner’s 1976 conviction for thirteen counts of criminal misconduct, including four counts of kidnapping to commit robbery with bodily harm pursuant to California Penal Code section 209, first degree robbery, assault with a deadly weapon with force likely to produce great bodily injury, and attempted murder, for which he was sentenced to seven years to life.

I. Petitioner’s Commitment Offense

Petitioner was raised in Oregon. His family life was normal until his parents divorced when he was 16, at which point his life became “scattered.” The Record (hereinafter, “TR”) at p. 6:2-11. Petitioner had “no direction”: he started socializing with the wrong crowd,…