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IN RE NGUYEN

No. G043844.

195 Cal.App.4th 1020 (2011)

In re HANK NGUYEN on Habeas Corpus.

Court of Appeals of California, Fourth District, Division Three.

May 23, 2011.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Julie L. Garland , Assistant Attorney General, Phillip J. Lindsay , Linnea D. Piazza and Michael Rhoads , Deputy Attorneys General, for Appellant State of California.

Brandie Devall , under appointment by the Court of Appeal, for Respondent Hank Nguyen.

OPINION

MOORE, J.—

In 1990, petitioner in the underlying matter, Hank Nguyen, murdered his former girlfriend, Tina Tham, who had broken off their relationship eight months earlier. On June 28, 1991, after the jury convicted Nguyen of murder, the court sentenced him to 15 years to life in state prison.

The Board of Parole Hearings (the Board) found Nguyen suitable for parole in June 2009. The Governor reversed the Board's decision...

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