In re Calderon

In In re Calderon (2010) 184 Cal.App.4th 670, the appellate court ordered the Governor to vacate his decision reversing the grant of parole, and reinstated the Board's grant of parole, after concluding there was no evidence supporting the factor relied upon most heavily by the Governor in finding the inmate currently dangerous--his purported lack of insight into the effects of his substance abuse. (Id. at pp. 688-689.) Rather, the appellate court found that all the evidence was to the contrary. In particular, the appellate court noted there was no evidence that the inmate denied having had a drug or alcohol problem, that he denied having had a problem for some period of his incarceration, or that his former desire for drugs or alcohol might still be a motivating force. (Id. at pp. 692-693.) Further, the court noted that "over a very long period of time, the inmate has actively and productively participated in virtually every substance abuse and other self-help program made available to him ... ." (Id. at p. 693.)