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Name: In re Aguilar
Case #: B203595
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 12/11/2008

The Governor’s finding of an inmate’s unsuitablilty for parole following a finding of suitability by the Board of Parole Hearings must be supported by some evidence that the inmate poses a current threat to public safety and the nature of the committing crime, alone, does not provide evidence of current dangerousness. Here, the Governor reversed the board’s finding that Aguilar was suitable for parole, primarily on the nature of the commitment offense. The appellate court granted Aguilar’s writ of habeas corpus and ordered the opinion to become final immediately. The court noted that there was overwhelming evidence that Aguilar did not pose a risk to the safety of the community greater than the average citizen. He had engaged in no violent acts in the past fifty years, excluding the second degree murder commitment offense; he is an elderly man, physically disabled and visually impaired with no current or past serious mental illness; he has realistic parole plans.