In re GadlinAnnotate this Case
The Court of Appeal granted a petition for habeas corpus relief, holding that petitioner, a third strike offender with two prior convictions that rendered him a sex-offender registrant, was invalidly excluded from Proposition 57 relief under the regulations of the California Department of Corrections and Rehabilitation (CDCR). The court held that the CDCR’s application of Cal. Code Regs., tit. 15, 3491(b)(3) to exclude petitioner and all similarly situated inmates from early parole consideration runs afoul of Cal. Const., art. 1, 32, subd. (a)(1), and thus he was entitled to early parole consideration.