In re Durant CA4/1

Good Law
Court of Appeal of CaliforniaMay 26, 2015D066703California7,213 words

Opinion

Opinion

INTRODUCTION

In 1983, Durant pled guilty to second degree murder of his girlfriend's three-year-

old daughter, Stephanie, after he brutally beat her with a closed fist for wetting the bed.

(Pen. Code, § 187.)1 The court sentenced him to an indeterminate term of 15 years to life

in prison. He first became eligible for parole in November 1991.

In 2012, at his ninth parole consideration hearing, the Board of Parole Hearings

(Board) found Durant suitable for parole. However, the Governor exercised his

constitutional and statutory authority to review the Board's parole grant and reversed the

Board's decision. Durant filed a petition for writ of habeas corpus with the trial court

challenging the Governor's decision. The trial court issued an order granting habeas

relief, finding the Governor's reversal was arbitrary and was not supported by some

evidence.

The acting warden of the prison where Durant is incarcerated appeals the order

contending some evidence supports the Governor's decision that Durant is unsuitable for

parole. We agree and, consequently, reverse the trial court's order granting habeas relief.

BACKGROUND

Commitment…

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