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IN RE CORTINAS

No. H025526.

13 Cal.Rptr.3d 401 (2004)

In re Javier O. CORTINAS, on Habeas Corpus.

Court of Appeals of California, Sixth District.

Rehearing Granted June 10, 2004.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Paul D. Gifford, Senior Assistant Attorney General, Allen R. Crown, Acting Senior Assistant Attorney General, Anya M. Binsacca, Supervising Deputy Attorney General, Diann Sokoloff, Deputy Attorney General, Jessica N. Blonien, Deputy Attorney General, Song Jin Hill, Deputy Attorney General, for Plaintiff and Appellant.

Law Offices of the Public Defender, Jose R. Villarreal, Public Defender, Barbara B. Fargo, Deputy Public Defender, for Defendant and Respondent.

RUSHING, P.J.

STATEMENT OF THE CASE

The Board of Prison Terms (the Board) appeals from an order directing it to schedule a parole release date for defendant Javier O. Cortinas. (See Pen.Code, § 1506.)1 The procedural history of the case is as follows.

In 1986, defendant pleaded guilty to second degree murder with a knife and was sentenced to a term of 17 years to life. The California Department of Corrections set...

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