Opinion
S272947
03-23-2022
JOHNSON (LARRY) ON H.C.
A164182 First Appellate District, Div. 4
Petition for review granted; transferred to Court of Appeal, First Appellate District, Division Four, with directions to issue an order to show cause
The petition for review is granted.
The matter is transferred to the Court of Appeal, First Appellate District, Division Four. That court is ordered to vacate its summary denial dated January 20, 2022, and is further ordered to issue an order to show cause, returnable before that court. The Secretary of the Department of Corrections and Rehabilitation is to be ordered to show cause, why the Governor did not abuse his discretion in reversing the Board of Parole Hearings' September 2020 determination that petitioner was suitable for parole, and why the Board's decision to grant parole should not be reinstated. (See In re Shaputis (2011) 53 Cal.4th 192; In re Lawrence (2008) 44 Cal.4th 1181; In re Pugh (2012) 205 Cal.App.4th 260, 266; but see In re Butler (2014) 231 Cal.App.4th 1521, 1533 .) The return is to be filed on or before April 22, 2022. (Cal. Rules of Court, rule 8.528(d).)
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Kruger, Groban, and Jenkins, JJ.