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Name: In re Young
Case #: B155373
District 2 DCA
Division: 6
Opinion Date: 05/06/2002
Subsequent History: Rev. granted 8/14/02: S106706
Summary

Appellant, a “second strike” inmate, saved the life of a prison employee by performing the Heimlich maneuver when the employee was choking. He requested the Department reduce his prison term in recognition of his conduct, pursuant to the “heroic act” provisions of Penal Code section 2935, and the prison employee supported his request. The Department denied it, and the superior court rejected his habeas petition. Here the appellate court likewise “regretfully” rejected the petition. The “Three Strikes” law limits the credits that may be awarded to a “strike” offender, and contains no express exception for rewarding heroic conduct. The appellate court “honored the separation of powers” but urged the Legislature to grant the Department discretion to make such an award in extraordinary cases.