In re Espinoza

Jesse Espinoza (Defendant), an inmate in state prison, petitioned the trial court for a writ of habeas corpus, seeking reversal of a decision of California’s Department of Corrections and Rehabilitation (CDCR) denying family visitation privileges on the grounds that Defendant had been found guilty of narcotics distribution while incarcerated in state prison. The trial court granted the petition and ordered CDCR to reconsider Defendant’s request based only upon consideration of his conduct during his current term of incarceration and without consideration of his past prison disciplinary violations for institutional narcotics trafficking. CDCR appeals, contending (1) Defendant’s challenge to CDCR’s decision is untimely, and (2) the trial court erred in interpreting California Code of Regulations, title 15, section 3177. 1 We reverse.

I. PROCEDURAL BACKGROUND AND FACTS

In both 1980 and 1987, Defendant was incarcerated in state prison and was found guilty, in separate institutional administrative disciplinary actions, of *102 the charge of attempting to introduce contraband into his institution. Subsequently, he completed his sentence and was released from prison.

On June…