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09/15/88 Enrique Pardo, v. James A. Chrans

September 15, 1988

ENRIQUE PARDO, PETITIONER-APPELLANT

v.

JAMES A. CHRANS, WARDEN, PONTIAC CORRECTIONAL CENTER, ET AL., RESPONDENTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

528 N.E.2d 1071, 174 Ill. App. 3d 549, 124 Ill. Dec. 180 1988.IL.1385

Appeal from the Circuit Court of Livingston County; the Hon. Charles E. Glennon, Judge, presiding.

APPELLATE Judges:

JUSTICE McCULLOUGH delivered the opinion of the court. GREEN, P.J., and SPITZ, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE MCCULLOUGH

The petitioner, Enrique Pardo, is serving a sentence of 75 to 150 years for murder, a sentence of 35 to 75 years for attempt (murder), and a 4-to 10-year sentence for armed robbery, all sentences imposed concurrent. On October 29, 1987, the petitioner filed a petition for writ of habeas corpus and mandamus relief alleging that the Prison Review Board unlawfully denied him parole. He sought immediate release from prison. On February 22, 1988, the trial court granted the respondent's motion to dismiss with prejudice. Petitioner filed timely notice of appeal.

The only issue presented is whether the trial court properly granted the respondent's motion to dismiss the petition for writ of habeas corpus and mandamus relief.

In February of 1977, the petitioner was granted a two-day furlough while serving a six-year sentence for bank robbery at the Metropolitan Correctional Center in Chicago. During this furlough, the petitioner and two co-offenders forcibly entered an apartment, fatally shot a woman, and severely injured a second victim. The petitioner fled to Florida, where he was later apprehended, convicted for these offenses, and sentenced as set forth above.

The defendant alleges that the parole board denied him due process when it denied his parole requests on October 23, 1985, September 17, 1986, and August 26, 1987. He asserts that the board relied upon erroneous information and that its statements fail to recite any factual information supporting its determination to deny him parole. He also argues that the injuries inflicted upon one of the victims was temporary in nature, not permanent as the board described in its written rationale for denying petitioner's parole request.

The trial court found that the parole board had acted within its discretion in denying parole to the petitioner and that the reasons cited in their decision satisfied due process requirements.

Section 10- 102 of the Code of Civil Procedure (Code) (Ill. Rev. Stat. 1987, ch. 110, par. 10-102) provides that a person imprisoned may apply for habeas corpus in the manner provided in the article except as herein otherwise provided. Section 10-123 of the Code states as follows:

"When prisoner not entitled to discharge. No person shall be discharged under the provisions of this Act, if he or she is in custody:

2. By virtue of a final judgment of any circuit court, or of any proceeding for the enforcement of such judgment, unless the time during which such party may be legally detained has ...


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