In re Deluna

Full title: In re ISIDRO FERNANDEZ DeLUNA, on Habeas Corpus.

Court: California Court of Appeals, Sixth District

Date published: Mar 3, 2005

No. H027086 (Cal. Ct. App. Mar. 3, 2005)

Opinion

Page 261b

127 Cal.App.4th 261b __ Cal.Rptr.3d__ In re ISIDRO FERNANDEZ DeLUNA, on Habeas Corpus. H027086 California Court of Appeal, Sixth District March 3, 2005

Santa Clara County Super.Ct.No. 101994

ORDER MODIFYING OPINION AND DENYING REHEARING NO CHANGE IN THE JUDGMENT

Walsh, J.

It is hereby ordered that the opinion filed herein on February 4, 2005 (126 Cal.App.4th 585; ___Cal.Rptr.3d __), be modified as follows:

1. On page 14, in the first full paragraph [126 Cal.App.4th 598, advance report, 3d par.], delete the second sentence and following citation reference, which begins “When there is no evidentiary . . .”

2. On page 14, at the end of the first full paragraph [126 Cal.App.4th 598, advance report, 3d par.] beginning with “On the other hand . . .” add the following footnote (renumber footnotes accordingly):

^FN When there is no evidentiary basis for denying parole, “the court should grant the prisoner’s petition for writ of habeas corpus and should order the Board to vacate its decision denying parole and thereafter to proceed in accordance with due process of law.” (Rosenkrantz, supra, 29 Cal.4th at p. 658.)

The petition for rehearing is denied.

There is no change in the judgment.

Premo, Acting P.J., Bamattre-Manoukian, J.