The parole board or the governor cannot deny parole based primarily on a prisoner’s past, a California appeals court has ruled.
The 6th District Court of Appeal held that it was inappropriate for the governor to reverse a parole decision for Johnny Lira in 2008 based upon 1980 factors. They were cited by the prison psychologist and used by the governor to reverse the parole board’s decision to grant him parole.
The court ruled that in light of the age of the historical factors and Lira’s “lengthy and undisputed record of rehabilitative behavior,” these factors show that Lira no longer poses an unreasonable risk of danger to the public.
The court also ruled that Lira was entitled to credit toward his parole period for the time he spent in prison following the governor’s erroneous reversal of his parole grant.
The case is In re Johnny Lira on Habeas Corpus, cite as DJDAR 17446, No. HO36162.