Opinion
Page 305b
150 Cal.App.4th 305b __ Cal.Rptr.3d __ THE PEOPLE, Plaintiff and Respondent, v. TRAVIS LEE HERNDON, Defendant and Appellant. B183711 California Court of Appeal, Second District, Seventh Division May 2, 2007Los Angeles County Super. Ct. No. BA265775.
ORDER MODIFYING OPINION AND DENYING REHEARING [no change in the judgment]
[Modification of opinion (149 Cal.App.4th 274;___Cal. Rptr. 3d.___ ) upon denial of rehearing.]
THE COURT.
The opinion is modified by striking the second full paragraph on page 7 [149 Cal.App.4th 280, advance report, 5th full par.] beginning “The image of five deputy sheriffs” and substituting the following, and petition for rehearing is DENIED:
Based on the trial court’s description, a reasonable inference can be drawn of five deputy sheriffs wrestling the defendant to the ground and prying open his clenched fists to roll his fingerprints. Such an image is repugnant to say the least. The question is: would such conduct violate Herndon’s right to due process of law?
This modification does not constitute a change in the judgment.
JOHNSON, Acting P. J. WOODS, J. ZELON, J.