In re Villa

Robert Villa filed a petition for writ of habeas corpus to challenge his validation as an associate of the Mexican Mafia prison gang and his placement in the administrative segregation union (ASU) at Centinela State Prison and later, California Correctional Institution in Tehachapi. Villa argues that his possession of a validated Mexican Mafia associate’s chronos was permitted by California Code of Regulations, title 15, section 3163 1 and could not serve as a source item to validate him as an associate of the Mexican Mafia under section 3378. In addition, he contends a confidential memorandum, which does not connect him with a specific validated gang member or associate, is insufficient to establish a “direct fink to a current or former validated member or associate of the gang” as required by section 3378, subdivision (c)(4).

In a published opinion filed September 27, 2012, we agreed with both of Villa’s contentions and granted relief. On its own motion, the Supreme Court ordered review 2 and transferred the matter to this court with directions to vacate our decision and reconsider the case in light of In re Cabrera (2012) 55 Cal.4th 683 [ 148 Cal.Rptr.3d 500 , 287…