In re Douglas CA3

BACKGROUND

Douglas, who was convicted of two nonviolent felonies and a violent felony and sentenced to prison, filed a petition for writ of habeas corpus challenging a regulation

1 Douglas declined to file a supplemental brief after transfer. The Attorney General filed a supplemental return to the order to show cause.

1 adopted by the California Department of Corrections and Rehabilitation (CDCR) that limited the parole-consideration benefit of section 32, subdivision (a)(1) of article I of the California Constitution to inmates who were convicted only of nonviolent felonies, thus excluding from early parole consideration anyone convicted of one or more violent felonies plus one or more nonviolent felonies, so-called “mixed-offense inmates.” (See Cal. Code Regs., tit. 15, § 3490, subd. (a)(5) [excluding violent offenders from nonviolent offender parole consideration].) We denied Douglas’s petition for writ of habeas corpus, concluding that “a person convicted of a violent felony offense and sentenced to state prison is ineligible for early parole consideration under section 32(a)(1).” (In re Douglas (2021) 62 Cal.App.5th 726, 734, review granted June 16, 2021, ordered not…