Abatti Farms Inc. v. Agricultural Labor Relations Board

Just over four years ago the peace and quiet of the small rural community of Chowchilla was shattered by the disappearance of a busload of local school children. News of the disappearance stunned the people of the entire state, and bewilderment soon gave way to consternation when the empty school bus was discovered in a dry creek bed without a trace of its passengers. The hours of suspense dragged on amid feelings of growing apprehension. The silent agony of the victims families and friends ended, mercifully, the following evening when, as a result of the heroic efforts of the bus driver, the youngsters emerged safely from their underground imprisonment. Following defendants arrest, indictment and after extensive pretrial proceedings, each defendant pled guilty to 27 separate counts of kidnaping for ransom (Pen. Code, § 209) and received concurrent sentences of life imprisonment on each count. In three of the counts, the victims were found to have suffered "bodily harm" resulting in a determination of parole ineligibility. Defendants principal claim of reversible error focuses on the validity of those findings. Since we determine that the challenged findings are invalid as a matter of law, we need not reach the merits of defendants remaining challenge based upon constitutional grounds and related request for further hearings. Instead, we