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In re Sena

California Court of Appeals, Sixth District

April 20, 2015

In re RICHARD SENA, on Habeas Corpus.

Santa Clara County Super. Ct. No. 149169.

Page 1271

COUNSEL

Jonathan Grossman, under appointment by the Court of Appeal, for Appellant and Petitioner Richard Sena.

Kamala D. Harris, Attorney General, Jennifer A. Neill, Assistant Attorney General, Sara J. Romano, Phillip J. Lindsay and Kathleen R. Walton, Deputy Attorneys General, for Respondent The People.

Page 1272

OPINION

RUSHING, P.J.

The Governor appeals from the Santa Clara County Superior Court’s January 13, 2014 order granting prisoner Richard Sena’s petition for writ of habeas corpus and directing Sena’s release on parole. As set forth below, we will reverse the superior court’s order.

Factual And Procedural History

On March 13, 1992, Sena was convicted of second degree murder. He is currently serving a sentence of 16 years to life for that crime.

On November 29, 2013, the Board of Parole Hearings (hereafter “the Board”) granted Sena parole. The Governor reversed the Board’s decision on April 26, 2012.

In a written order issued on September 18, 2012, the superior court reversed the Governor’s decision, finding that the Governor’s decision was not supported by some evidence. The order directed that Sena “be released per the terms of his parole within 5 days.”

On October 3, 2012, while still incarcerated, Sena exposed his penis to a female correctional officer and masturbated in front of her. As a result of his conduct, Sena was the subject of a rules violation report.

Also on October 3, 2012, the Governor informed the Board that he would not appeal the superior court’s September 18, 2012 order. That same day, apparently unaware of Sena’s alleged rules violation, the Board issued a ...


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