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Name: In re DeLuna
Case #: H027086
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/04/2005

Appellant was sentenced to 17 years to life following a plea to second degree murder in 1985. In 2002, the Board of Prison Terms (BPT) found him unsuitable for parole and denied him a parole date. The appellate court remanded the matter back to the BPT to reconsider its decision in light of appellant’s actual record. Although the BPT’s findings were supported by “some evidence” as required by In re Rosenkrantz (2002) 29 Cal. 4th 616, a majority of them lacked evidentiary support.