In re Langnese

NARES

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(San Diego County Super. Ct. No. CR80868 (HC19015))

Original proceeding on petition for writ of habeas corpus. Petition dismissed.

Jeffrey Langnese was incarcerated in 1986 on a 15 year to life sentence for the second degree murder of Lisa Arnold. He became eligible for parole in 1996.

After the Board of Parole Hearings (the Board) found Langnese suitable for parole in May 2009 following his fifth parole hearing, Governor Schwarzenegger reversed the Board's decision. In October 2010 Langness filed a petition for writ of habeas corpus relief in this court.

In June 2010 this court denied Langnese's petition and in September 2010 the California Supreme Court denied Langnese's petition for review.

Meanwhile, as the previous habeas corpus proceeding was pending in this court, the Board again found Langnese suitable for parole following a sixth parole hearing. In August 2010 the Governor again reversed the Board's decision and Langnese again challenged the Governor's decision.

However, now-Governor Brown declined to review a seventh decision by the Board granting Langnese parole, and thus Langnese was released from prison onto parole on July 14, 2011. The Attorney General requests that we dismiss the appeal as moot. In his response, Langnese "agrees that the present action is moot and hereby consents to the Court dismissing the petition." Accordingly, we shall dismiss the petition for writ of habeas corpus as moot.

The petition is dismissed as moot.

NARES, J. WE CONCUR:

McCONNELL, P. J.

BENKE, J.