Mardesich v. California Youthful Offender Parole Board, 69 Cal. App. 4th 1361 (1999)

  February 16, 1999
  Violent Crime
  CA: Courts of Appeal
  69 Cal. App. 4th 1361 (1999)

Petitioner

Destinni Mardesich
Ben Walter Pesta II
Ben Walter Pesta II
Avvo Rating: 10.0 (Superb)

Petition granted, case remanded to superior court

Petitioner, a ward of the CYA who was summarily transferred to the Department of Corrections for alleged CYA rules violations, petitioned court to overturn Youthful Offender Parole Board's action. Held, superior court should have applied indpeendent judgment standard of review, since placement in CYA (as opposed to Department of Corrections) is certainly a vested fundamental right under California law. Case remanded to superior court for proceedings consistent with opinion.

http://caselaw.lp.findlaw.com/data2/californiastatecases/b120658.doc


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