In re Young

Filed 1/13/15

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

In re ANDREW YOUNG, on Habeas Corpus. A138266

In 1993, a jury convicted petitioner Andrew Young of the second degree murder of his former girlfriend, Dollie Harvey, in 1991. Petitioner brutally murdered Harvey during a period of extraordinary and prolonged stress caused by his loss of custody of a child from a previous relationship and after Harvey rejected his entreaty that they resume their relationship. Petitioner was sentenced to a term of 15 years to life. Now 53 years old, he has been considered for, and denied, parole by the Board of Parole Hearings (Board) on five occasions. We uphold the Board’s decision to deny parole if it reflects due consideration of all relevant statutory factors and is supported by at least a “modicum of evidence, not mere guesswork,” that is rationally indicative of current dangerousness. (In re Shaputis (2011) 53 Cal.4th 192, 212, 219, 221 (Shaputis II).) In In re Young (2012) 204 Cal.App.4th 288 (Young I), we concluded the Board’s October 2009 denial of parole to petitioner violated his due…