In re Cabrera

Full title: In re ELVIN CABRERA, On Habeas Corpus.

Court: California Court of Appeals, Fifth District

Date published: Oct 6, 2011

No. F059511 (Cal. Ct. App. Oct. 6, 2011)

Opinion

Page 899a

199 Cal.App.4th 899a __ Cal.Rptr.3d __ In re ELVIN CABRERA, On Habeas Corpus. F059511 California Court of Appeal, Fifth District October 6, 2011

ORDER MODIFYING OPINION AND DENYING REHEARING

DAWSON , Acting P.J.

THE COURT.

IT IS ORDERED that the opinion filed herein on September 8, 2011 (198 Cal.App.4th 1548;___Cal.Rptr.3d___), and reported in the Official Reports (198 Cal.App.4th 1548) be modified as follows and the petition for rehearing is DENIED:

On page 1572 [advance reports, 1st par.], the paragraph following the heading DISPOSITION is deleted and the following paragraph inserted in its place:

Let a writ of habeas corpus issue directing California Department of Corrections and Rehabilitation to (1) expunge Cabrera’s validation as an associate of the Mexican Mafia prison gang, (2) report the expungement to all gang-related law enforcement databases and clearinghouses to which the original validation was reported previously, and (3) cease housing Cabrera in the SHU based on the gang validation.

There is no change in the judgment. Respondent’s petition for rehearing is denied.