Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. 81643
ORDER MODIFYING OPINION
McAdams, J.
On the court’s own motion, the opinion filed May 6, 2009, is modified to correct certain statutory citations to title 15 of the California Code of Regulations, as follows:
(1) At page 17, in footnote 8, second and third sentences are added, which read as follows: Because Bautista’s commitment offense occurred in 1981, his case is governed by section 2402 of title 15. However, the parole suitability criteria set forth in sections 2281 and 2402 “are identical.” (Board of Prison Terms v. Superior Court (2005) 130 Cal.App.4th 1212, 1232, fn. 5.)
(2) At page 18, in the first full paragraph, the parenthetical citation following the second sentence is changed to include a reference to title 15, section 2402. As modified, the parenthetical material reads: (Ibid.;Regs.,§ 2402, subd. (a).)
(3) At page 19, in the second line, the parenthetical citation is changed to include a reference to title 15, section 2402. As modified, the parenthetical material reads: (Rosenkrantz, supra, 29 Cal.4th at p. 654; Regs., § 2281, subd. (d); § 2402, subd. (d).)
(4) At page 19, the parenthetical citation at the end of the first full paragraph is changed to include a reference to title 15, section 2402. As modified, the parenthetical material reads: (Rosenkrantz, supra, 29 Cal.4th at pp. 653-654, fn. omitted; Regs., § 2281, subd. (c); § 2402, subd. (c).)
(5) At page 19, the parenthetical citation at the end of the second full paragraph is changed to include a reference to title 15, section 2402. As modified, the parenthetical material reads: (Rosenkrantz, supra, 29 Cal.4th at p. 653, fn. 11; Regs., § 2281, subd. (c)(1); § 2402, subd. (c)(1).)
(6) At page 19, the parenthetical citation at the end of the last line of the page is changed to include a reference to title 15, section 2402. As modified, the parenthetical material reads: (Lawrence, supra, 44 Cal.4th at p. 1203; Regs., § 2402, subds. (c), (d).)
(7) At page 28, the disposition is changed to refer to title 15, section 2402. The disposition now reads as follows: The matter is remanded to the superior court with directions to modify its order granting Frank Joe Bautista’s petition for writ of habeas corpus. The order shall be modified to direct the Board of Parole Hearings to vacate its July 31, 2007 parole decision and to conduct a new parole consideration hearing in accordance with due process and in light of the decisions in In re Lawrence, supra, 44 Cal.4th 1181 and In re Shaputis, supra, 44 Cal.4th 1241, including consideration of all relevant statutory factors as required by California Code of Regulations, title 15, section 2402, subdivision (b). As modified, the order is affirmed.
There is no change in the judgment.
Bamattre-Manoukian, Acting P.J. Mihara, J.