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Name: In re Hernandez
Case #: H036515
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/26/2011
Subsequent History: Rev. granted 2/29/12: S198526

Parole was properly denied where inmate’s lack of credibility regarding his commitment offense reflected that he still posed a danger to society if released. Petitioner was convicted of second degree murder and sentenced to a life term. In April of 2010 the Board of Parole Hearings (BPH) denied parole for another seven years, finding petitioner posed a danger to society, based on his denial that he committed the murder, as well as other factors. A petition for writ of habeas corpus was granted and the trial court ordered a new parole hearing within 30 days. The Warden appealed and the Court of Appeal reversed. The BPH found petitioner lacked credibility regarding his crime and refused to take responsibility for it. There was some evidence to support this finding. Where there is evidence an inmate is deceitful and he denies responsibility for his crime, this indicates that the inmate poses a danger to society. Further, the BPH did not violate Penal Code section 5011, subdivision (b), which prohibits it from requiring an admission of guilt when setting parole dates. Its finding petitioner was deceitful in discussing the life crime, along with other factors, was a lawful basis upon which to deny parole.