Opinion
Page 719e
152 Cal.App.4th 719e __ Cal.Rptr.3d__ In re DAVID MARK STIER on Habeas Corpus. A112248 California Court of Appeal, First District, First Division July 12, 2007Appeal from Superior Court of the City and County of San Francisco Super. Ct. No. 5003, Honorable Mary Morgan, Judge.
COUNSEL
Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson and Dane R. Gillette, Chief Assistant Attorneys General, Gerald A. Engler, Eric D. Share, Laurence K. Sullivan, and Amy Haddix, Deputy Attorneys General, for Appellant the People.
Lynn Searle for Respondent David Mark Stier.
ORDER MODIFYING OPINION
THE COURT:
It is ordered that the opinion filed herein on June 15, 2007, (152 Cal.App.4th 63; ___ Cal.Rptr.3d ___)be modified in the following particulars:
1. Footnote 8 [152 Cal.App.4th 72, advance report, footnote 8] is modified by inserting the phrase “and a general assertion of ‘no proof of custody,’ ” before the words “we have found.” The footnote will now read:
Other than a denial that respondent “is being ‘unlawfully’ restrained,” and a general assertion of “no proof of custody,” we have found nothing in the record to indicate that the District Attorney or the Attorney General raised an objection that the petition for writ of habeas corpus was an incorrect remedy.
2. In the first full paragraph on page 6 [152 Cal.App.4th 73, advance report, 1st full par., line 2], the second sentence beginning “Respondent directed his petition” is modified by deleting the rest of the sentence and by inserting “the San Francisco Police Department and the State of California, respectively.” The sentence will now read:
Respondent directed his petition to the San Francisco Police Department and the State of California, respectively.
There is no change in the judgment.