In re Masoner

Full title: In re JAMES MASONER, on Habeas Corpus.

Court: California Court of Appeals, Second District, Third Division

Date published: May 4, 2009

No. B205410 (Cal. Ct. App. May. 4, 2009)

Opinion

Page 674a

173 Cal.App.4th 674a __ Cal.Rptr.3d__ In re JAMES MASONER, on Habeas Corpus. B205410 California Court of Appeal, Second District, Third Division May 4, 2009

Los Angeles County Super. Ct. No. BH004852

THE COURT:

It is ordered that the opinion filed herein on April 2, 2009 [(172 Cal.App.4th 1098; 91 Cal.Rptr.3d 689).], be modified as follows:

On page 14 [172 Cal.App.4th 1110, advance report, last par., lines 5 & 6], the second sentence of the Disposition has been rewritten. The Disposition now reads as follows:

The superior court’s January 28, 2008 order releasing Masoner on parole is reversed. The matter is remanded to the superior court with directions to issue an order granting Masoner’s petition for writ of habeas corpus and directing the Board to vacate its decision of August 25, 2005, and to conduct a new parole suitability hearing within 120 days of the issuance of the remittitur or final resolution in the California Supreme Court. At that hearing, the Board is directed to find Masoner suitable for parole unless new evidence of his conduct or a change in his mental state subsequent to his 2007 parole hearing supports a determination that he currently poses an unreasonable risk of danger to society if released on parole.

There is no change in the judgment.