C.A. 1st
A132591
The First Appellate District granted a petition for a writ of habeas corpus and remanded the action for further proceedings. The court held that the Board of Parole Hearings was not precluded from considering the gravity of a prisoners commitment offense in finding him unsuitable for parole simply on the theory that he already had served more prison time than the maximum base term set out by the Boards regulations for his offense. The court held further that the Boards denial of parole violated due process, however, where the Board failed to give due consideration to the statutory and regulatory factors that bore upon the prisoners suitability for parole, and the evidence did not support a finding that the prisoner was currently dangerous.
