In re Davidson

Good Law
144 Cal. Rptr. 3d 283·2012 Cal. App. LEXIS 828·207 Cal. App. 4th 1215·2012 WL 2952149
Court of Appeal of CaliforniaJuly 20, 2012No. B239385California3,211 words

Opinion

Lead Opinion

Epstein, J.

*1217 Opinion

This is an appeal by the Board of Parole Hearings (Board) from a superior court order granting petitioner’s application for a writ of habeas corpus. The writ was granted after the Board denied parole to Frederick Davidson, ordering instead a three-year further period of incarceration. Because we find “some evidence” to support the Board’s conclusion that Davidson’s release at this time would present an unreasonable risk to public safety, we reverse the ruling of the superior court.

FACTUAL AND PROCEDURAL SUMMARY

Davidson was convicted of second degree murder. (Pen. Code, § 187 et seq.—the commitment offense; all further statutory citations are to this code unless another is identified.) The conviction was based on his driving while intoxicated, resulting in a collision in which the driver of another car was killed. (See People v. Watson (1981) 30 Cal.3d 290, 300 [ 179 Cal.Rptr. 43 , 637 P.2d 279 ] [the leading decision on this theory of second degree murder].) We affirmed the conviction in a nonpublished opinion (People v. Davidson (Dec. 9, 1997, B109476)), and we take our account of the crime from the factual summary in that opinion.

Davidson had been drinking…

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