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In re Shaputis (2008) , Cal.4th
[No. S155872. Aug. 21, 2008.]
In re RICHARD SHAPUTIS on Habeas Corpus.
(Superior Court of San Diego County, No. HC18007.)
(The Court of Appeal, Fourth Dist., Div. One, No. D049895, Original Proceeding.)
(Opinion by George, C. J., with Kennard, J., Werdegar, J., and Moreno, J., concurring. Concurring opinion by Chin, J., with Baxter, J., and Corrigan, J., concurring.)
COUNSEL
OPINION
GEORGE, C. J.-
In 1987, Richard Shaputis (petitioner) was convicted of the second degree murder of his wife, Erma, and was sentenced to an indeterminate term of imprisonment of 15 years to life in prison, and an additional two years because of his use of a firearm in the commission of the offense. In 2006, after several unfavorable parole hearings before the Board of Parole Hearings (Board) fn. 1 and rulings by the superior court and the Court of Appeal, the Board, in compliance with the mandate of an earlier judicial decision, reluctantly found petitioner suitable for parole and set a parole date. The Governor, however, reversed the Board's decision, concluding petitioner constituted a threat to public safety.
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