In re Bettencourt

In In re Bettencourt (2007) 156 Cal.App.4th 780, the petitioner was serving a term of 15 to life for a 1981 murder. The Board of Prison Terms (now the Board of Parole Hearings) denied Bettencourt parole, in part due to his serious rules violations. He sought habeas relief in the Superior Court, which was eventually granted. The Warden then sought writ relief in the Court of Appeal. The Court of Appeal reversed the Superior Court's decision and ordered the petition denied. The Court of Appeal, noting that Bettencourt had 10 serious rules violations while in prison, the most recent of which was four years prior to the Board hearing, stated that 'the passage of time does not necessarily negate any parole unsuitability factor.' (Id. at 805.)