Opinion
S285114
07-17-2024
RENTERIA (LUIS) ON H.C.
B337330 Second Appellate District, Div. 7.
Petition for review granted; transferred to Court of Appeal, Second Appellate District, Division Seven, with directions to issue an order to show cause
The Attorney General's request for judicial notice is granted.
The petition for review is granted. The matter is transferred to the Court of Appeal, Second Appellate District, Division Seven. That court is ordered to vacate its summary denial dated May 16, 2024, and is further ordered to issue an order to show cause, returnable before that court. (Cal. Rules of Court, rule 8.528(d).) The Secretary of the Department of Corrections and Rehabilitation is to be ordered to show cause why relief should not be granted on the grounds petitioner's reincarceration for his 2021 parole violation amounts to cruel and unusual punishment under the state and federal Constitutions and that the Board of Parole Hearings erred by failing to consider youth offender and elderly parole suitability factors at petitioner's initial parole reconsideration hearing. (See Pen. Code, § 3000.1, subd. (d); Cal. Code of Regs., tit. 15, § 2775(c).)
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.