People v. Garcia CA3

Good Law
Court of Appeal of CaliforniaDecember 17, 2021C093120California1,319 words

Opinion

Opinion

BACKGROUND

On March 21, 1990, when defendant was 21 years old, defendant and two others entered a home, tied up the two residents, took property from the house and the residents, and then one of the residents was beat to death with a baseball bat. Defendant pleaded guilty to first degree murder. He was sentenced on August 31, 1990, to an indeterminate term of 25-years-to-life. Defendant has had several parole hearings since he was first incarcerated. The most recent hearing occurred on June 25, 2019. Prior to this hearing, defendant had submitted commendations from prison staff and support letters from other individuals. At the hearing, where defendant was represented by counsel, the parole board found defendant posed an unreasonable risk to public safety and was not suitable for parole at that time. The board noted it reviewed the evidence and documents received, defendant’s testimony, the factors under section 3051, subdivision (a), and took “into consideration [defendant is] a youthful offender.” For the latter consideration, this included “displaying immature thinking,” being “impulsive,” and “very vulnerable to negative influences,” so there “were definitely indications of…

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