The Sixth Appellate District affirmed an order as modified and remanded. The court held that the trial court erred in ordering the Board of Parole Hearings not to consider the nature of the inmate’s commitment offense in determining his suitability for parole.

In 1979, Arthur Criscione was convicted of the second degree murder of his girlfriend. He was sentenced to a prison term of 15 years to life. In 2007, the Board of Parole Hearings found Criscione unsuitable for parole.