In re Rodriguez CA4/1

INTRODUCTION

A jury convicted Jose Rodriguez of second degree murder and found true an

allegation he personally used a deadly or dangerous weapon when committing the offense. (Pen. Code, §§ 187, 12022, subd. (b))1 The court sentenced him to an

indeterminate term of 16 years to life in prison. He first became eligible for parole in

October 1997.

At a parole consideration hearing in 2013, the Board of Parole Hearings (Board)

found Rodriguez unsuitable for parole because he continued to pose a threat to public

safety. The Board also found it was not reasonably probable he would be suitable for

parole for another five years. He petitioned this court for habeas relief, contending there

was insufficient evidence to support either finding. He additionally contends the five-

year parole denial period constitutes an ex post facto law as applied to him.

We conclude the record contains some evidence to support the Board's findings.

We further conclude Rodriguez's ex post facto law contention lacks merit and,

consequently, deny habeas relief.

BACKGROUND2

Commitment Offense

The Board based its decision on the factual background contained in our decision

in People v.…