The opinion of the court was delivered by: Raye , P. J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Based on evidence that inmate Matthew Lopez had not participated in adequate therapy or rehabilitative programs, did not present an adequate parole plan, and had not acquired adequate insight into the triggers for his violent and bizarre behavior, the California Board of Parole Hearings (Board) denied his request for parole and deferred his next parole hearing for five years. The trial court, however, granted in part his petition for a writ of habeas corpus, finding there was no evidence to support the Board's deferral of his next parole suitability hearing for five years. The Attorney General appeals.
The Attorney General raises two procedural and one substantive issue. We need not consider the procedural challenges because Lopez loses on the merits based on long-standing precedent and an overabundance of evidence. The trial court erred by reversing the Board's decision to defer Lopez's next hearing for five years. We reverse the trial court's partial grant of habeas corpus relief.
In describing the facts of the attempted murder of a random pedestrian in 1994, the Board relied on the summary we provided in our 1996 opinion. (People
Lopez (Mar. 25, 1996, C020721) [nonpub. opn.].) Those facts are reported again here.
Lopez was unhappy because a cyst on his buttocks would not heal, fillings in his teeth kept falling out, and his younger sister was "a brat" who frequently went into his room and "mess[ed] everything up." Lopez decided he wanted to "get it over with," but he did not have the courage to kill himself. As an alternative, he decided to commit a crime that would result in his imprisonment for the rest of his life. After reading a newspaper article about a drunk driver who killed a pedestrian, Lopez decided he would do something similar to achieve his goal of a life prison term. He resolved he would not hit anyone who was young, or who was accompanied by other people or a dog.
Lopez drove his car around Rocklin for two days, looking for a victim who met his criteria. On the morning of August 29, 1994, defendant saw 51-year-old Carol Barnes walking down the street. After driving around the block twice to gather his courage, Lopez hit Barnes with his car while driving at a speed of approximately 30 miles per hour. Barnes suffered numerous broken bones, head trauma, and internal bleeding and bruising.
After hitting Barnes, Lopez drove off quickly, but he returned to the scene soon thereafter and told an officer that he had fallen asleep at the wheel. Subsequently ...