In re Brown

In 1986, petitioner Rodney Brown was sentenced to a prison term of 15 years to life following a guilty plea to one count of second degree murder. In September 1999 the Board of Prison Terms (Board) determined petitioner was not suitable for parole. The Board also determined it was not reasonable to expect petitioner would be suitable for parole release in the next five years. Petitioner seeks a writ of habeas corpus setting aside the Board’s decision. In doing so, he does not contest the sufficiency of the evidence to support the Board’s denial of parole. Rather, he argues Penal Code section 3041.5, subdivision (b)(2)(B), 1 which allows *158 the deferral of parole consideration hearings for five years upon a murder conviction, does not apply to him.

I

The History of Section 3041.

Prior to 1990, section 3041.5, subdivision (b)(2), provided that where, following a parole hearing, a prisoner had been denied a parole date, the Board was required to send the prisoner a written statement setting forth the reasons for denial and suggesting activities which might benefit him while in prison. Thereafter, the Board was required to hear that prisoner’s case annually, except that…