Mardesich

Mardesich v. California Youthful Offender Parole Board

Good Law
1999 Cal. App. LEXIS 120·69 Cal. App. 4th 1361·82 Cal. Rptr. 2d 294·99 Daily Journal DAR 1462·99 Cal. Daily Op. Serv. 1218
Court of Appeal of CaliforniaFebruary 16, 1999No. B120658California3,296 words

Opinion

Lead Opinion

Stone, J.

Destinni Ann Mardesich appeals the summary denial of her petition for writ of administrative mandamus which challenged an order of the Youthful Offender Parole Board (Board) returning her from the California Youth Authority (CYA) to the Orange County Superior Court for commitment to state prison.

We hold that because the Board’s decision directly affected a vested fundamental right, the trial court should have exercised its independent judgment in reviewing the Board’s decision. The trial court’s failure to do so precludes meaningful review by us. We reverse and remand the matter for reconsideration in light of the appropriate trial court review standard.

Facts 1 and Procedural History

On September 3, 1991, 17-year-old Ryan Lo and 19-year-old Jonathan Freshour murdered Damian McKenna, Mardesich’s former boyfriend and father of their child, L. Because she feared McKenna would seek custody of L., Mardesich told Lo and Freshour that he had abused and threatened her and the child. She was present when they lured McKenna to a remote area in *1364 Orange County. Lo shot McKenna twice in the head and then smashed his head with a rock. Mardesich was then 16 years…

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