In re: Sena
Annotate this CaseIn 1992, Sena was convicted of second degree murder and sentenced to 16 years to life imprisonment. In 2011, the Board of Parole Hearings granted Sena parole. The Governor reversed that decision in 2012. The superior court reversed, but, while still incarcerated, Sena exposed his penis to a female correctional officer and masturbated in front of her. Apparently unaware of Sena’s rules violation, the Board reinstated the parole grant. At a subsequent hearing, the Board found Sena to be unsuitable for parole and rescinded Sena’s parole grant, citing the rules violation as evidence that Sena posed a danger to society if released. Sena filed a habeas corpus challenge to the rescission, arguing that the Board lacked authority to rescind his parole grant based on prison misconduct that occurred after September 23, 2012. The Santa Clara County Superior Court directed that Sena be released on parole, stating that its September 18, 2012 order required Sena’s release on September 23, that Sena was “illegally confined” after September 23, and that the Board could not rescind parole based on prison misconduct that occurred after that date. The court of appeal reversed. Notwithstanding the previous unexecuted grant of parole, Sena’s misconduct on October 3, 2012 evidenced his current dangerousness and unsuitability for parole.
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