In re Tapia

Good Law
144 Cal. Rptr. 3d 190·2012 Cal. App. LEXIS 820·207 Cal. App. 4th 1104·2012 WL 2914121
Court of Appeal of CaliforniaJune 25, 2012No. G046142California3,509 words

Opinion

Lead Opinion

Fybel, J.

Introduction

Alex Tapia was convicted of first degree attempted murder, conspiracy to commit murder, and kidnapping, and was sentenced to 26 years to life, with the possibility of parole. After serving more than 15 years in prison, Tapia appeared before the Board of Parole Hearings (the Board) for his first parole hearing. The Board concluded that Tapia was not suitable for parole because he posed an unreasonable risk of danger to public safety. Tapia filed a petition for a writ of habeas corpus, which the trial court granted.

*1107 Under the relevant legal standards for reviewing the Board’s decisions, we conclude there was some evidence supporting the Board’s decision that Tapia was not suitable for parole, and we therefore reverse the trial court’s order.

Statement of Facts and Procedural History

In 1993, Tapia attempted to kill Salvador Vega. Vega paid $3,300 to repair a motorcycle Tapia had damaged; two or three months before the crime, Vega had begun demanding that Tapia pay him back. Two weeks before the crime, Tapia discussed killing Vega with a friend, identified only by his moniker, “Psycho.” Two days before the crime, Tapia decided to murder Vega.

On the…

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