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Name: In re Capistran
Case #: B159449
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 04/21/2003
Subsequent History: None

Capistran was convicted of second degree murder and sentenced to 15 years to life. 14 years later, the BPT found him suitable for parole and set a parole date, which Governor Davis reversed. Capistran’s writ of habeas corpus was granted, and the Governor appealed. In this opinion, the appellate court held that writ relief was appropriate because the Governor’s decision was, in part, based on facts for which there was not “some evidence,” and the Governor failed to make an individualized consideration of the same factors which the BPT is required to rely, as required by Article V, section 8(b).