James

People v. James

Good Law
176 Cal. App. 3d 795·1985 Cal. App. LEXIS 2954·222 Cal. Rptr. 422
Court of Appeal of CaliforniaDecember 23, 1985Crim. No. 14345California831 words

Opinion

Lead Opinion

Evans, J.

In this appeal from orders granting defendants’ petitions for writs of habeas corpus, the People challenge the superior court’s determination that defendants, both convicted murderers sentenced to life imprisonment under the Indeterminate Sentence Law (ISL), 1 were entitled to be released on parole within one year of having been found parole suitable. We reverse.

*797 Ex post facto principles dictate that an inmate who has been sentenced to life imprisonment under the ISL, and who has been found suitable for release on parole, shall be granted the earlier of the parole release dates calculated in accordance with the ISL and the Uniform Determinate Sentencing Act of 1976 (DSL), 2 which is the current law. (In re Stanworth (1982) 33 Cal.3d 176 [ 187 Cal.Rptr. 783 , 654 P.2d 1311 ].)

The Board of Prison Terms (Board) found defendants Donald H. James and Michael Verbos suitable for parole on April 28, 1981, and October 16, 1980, respectively. After each was afforded a Stanworth parole eligibility hearing, the Board granted defendant James a parole release date of October 15, 1987, and defendant Verbos a parole release date of August 9, 1989. Thereafter, each defendant…

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