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IN RE VIRAY

No. D050934.

75 Cal.Rptr.3d 190 (2008)

161 Cal.App.4th 1405

In re Nicomedes VIRAY on Habeas Corpus.

Court of Appeal of California, Fourth District, Division One.

April 15, 2008.

Attorney(s) appearing for the Case

Rich Pfeiffer, under appointment by the Court of Appeal for Appellant.

Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L Garland, Senior Assistant Attorney General, Heather Bushman and Linnea D. Piazza, Deputy Attorneys General for Respondent.

McINTYRE, J.

Nicomedes Viray challenges Governor Arnold Schwarzenegger's reversal of a decision by the Board of Parole Hearings (the Board) finding him suitable for release on parole. We conclude there was no evidence to support the Governor's ultimate conclusion that Viray was unsuitable for parole because he currently posed an unreasonable risk to public safety and therefore grant the requested relief.

I...

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