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Name: In re Nguyen
Case #: G043844
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/23/2011

The Governor’s decision reversing a Board decision for release on parole must be supported by evidence in the record, but it is not supported by finding fault with the extent of examination done by a mental health evaluator in reaching the conclusion that the inmate had insight into his offense. In 1991, petitioner was sentenced to 15 years to life in state prison for murder. He had no prior criminal record, accepted full responsibility, and expressed remorse. In prison he completed a panoply of courses on self-improvement and was discipline free. In ordering his release, the Board found his institutional behavior was “exemplary.” The Governor reversed the parole determination due to a mental health evaluator’s failure to do a more in-depth psychological evaluation to explore the cause of petitioner’s one act of violence in the face of rejection. The appellate court affirmed the trial court’s grant of writ relief and reinstated the Board’s grant of parole.