Opinion
Page 995b
154 Cal.App.4th 995b __ Cal.Rptr.3d__ In re ALFRED WILLIAM RODERICK, on Habeas Corpus. A113370 California Court of Appeal, First District, Fourth Division September 12, 2007Humboldt County Super. Ct. No. CV050566.
The petition for rehearing filed by Alfred William Roderick on September 5, 2007, is denied.
THE COURT:
The majority opinion filed herein on August 17, 2007, is ordered modified as follows, and petition for rehearing is DENIED:
1. On page 21 [154 Cal.App.4th 264, advance report, part II.B.], part 'TLB." ("Factors Relied upon by the Panel in Denying Roderick Parole") is redesignated "II.C."
2. On page 38 [154 Cal.App.4th 278, advance report, 1st full par., line 11], delete the final sentence of newly designated part II.C.6: "The Board must therefore consider whether continuing to deny parole to Roderick based upon the immutable factor of his past criminal history would be a denial of due process." Substitute therefor: "The Board must therefore consider whether the immutable factor of his past criminal history, in light of the record as a whole and this decision, is a sufficient basis upon which to conclude that Roderick would pose an unreasonable risk of danger to the public if he were released."
There is no change in the judgment.