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In re Jenkins, No. C059321

By FindLaw Staff on June 26, 2009 4:11 PM

Trial court order granting relief on a habeas corpus petition is reversed where: 1) the prison warden's notice of appeal was timely filed under California Rules of Court 8.308(a); and 2) the court erred in determining defendant was entitled to additional work/school performance points for the time he did not actually participate in any work, school, or vocational program, as the department's interpretation of the applicable regulation and decision to deny defendant the additional performance points he sought has a rational basis and was not arbitrary, capricious, or irrational and thus must be upheld.   

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Appellate Information
APPEAL from a judgment of the Superior Court of Lassen County, Dawson Arnold, Court Commissioner. Reversed.
THIRD APPELLATE DISTRICT.
Filed June 25, 2009

Judges
Before ROBIE, J., SCOTLAND, P.J., CANTIL-SAKAUYE, J.
Opinion by ROBIE, P.J.

Counsel
For Respondent: S. Lynne Klein, under appointment by the Court of Appeal.

For Appellant: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Jessica N. Blonien, Supervising Deputy Attorney General, Christopher J. Rench, Deputy Attorney General.

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