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In Re Nelson Gamez

December 21, 2012

IN RE NELSON GAMEZ ON HABEAS CORPUS.


(Super. Ct. No. SC051636A)

The opinion of the court was delivered by: Butz , J.

In re Gamez

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Governor Jerry Brown reversed the grant of parole issued by the Board of Parole Hearings (the Board) to Nelson Gamez. The Governor denied parole because of the heinousness of Gamez's crime and Gamez's lack of insight into the offense. We find that the Governor's decision is supported by the modicum of evidence required under the "some evidence" standard. (In re Shaputis (2011) 53 Cal.4th 192, 198, 220.) Consequently, we shall reverse the trial court's order granting Gamez's petition for writ of habeas corpus.

FACTUAL AND PROCEDURAL BACKGROUND

We begin with an excerpt from Gamez's December 3, 2007 initial parole consideration hearing because that hearing addresses Gamez's crime and level of insight.*fn1

Probation Officer's Report

The Presiding Commissioner addressed Gamez as follows:

"[W]hat I'm going to do first is read into the record the statement of facts about the life crime. . . . I'm taking that from the [April 14, 1992] probation officer's report[.] . . . And this states that,

" 'On September 12, 1991, the victim, Martha Gamez, was reported to the Hayward police to be missing. The report was filed by the victim's parents, Ralph and Maria Gamez, and the defendant. According to the defendant, he had last seen his wife on September 11 at 1:00 p.m. when he had dropped her off at the Southland Mall in Hayward. The missing person's report was sent to the detectives on September 18, 1991, for a follow-up. The victim had not returned. This was out of character for her, as she had left two small children, along with all of her belongings, behind.

" 'The defendant was re-interviewed by the Hayward detectives, and did tell them that he had been having marital problems but had no idea where the victim had gone. During the course of that contact, bloodstained clothing was recovered from the defendant's apartment and vehicle. Included was a bloodstained floor mat from his 1979 Toyota Supra.

" 'On September 20, 1991, the detectives found that the Stockton Police Department had an open Jane Doe murder victim. The murder victim turned out to be Martha Gamez. She was found at approximately 7:00 a.m., September 12, 1991, on River Drive, one-third mile west of Pershing on top of the levee by the Calaveras River. Found above her body was a ...


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