In re TIMOTHY ROSS on Habeas Corpus
Filed 7/1/10
CERTIFIED
FOR PUBLICATION
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE
DISTRICT
(Shasta)
----
In re TIMOTHY ROSS on Habeas
Corpus.
C062466
(Super.Ct.No.
06HB1582)
ORDER
MODIFYING OPINION AND DENYING REHEARING; NO CHANGE IN JUDGMENT
THE
COURT:
It is ordered that the opinion filed in
this case on June 11, 2010, be modified
in the following particulars:
1.
On page 11, footnote 5, delete the five word introductory phrase of the
first sentence (Although not cited by Ross,) so that the first sentence of the
footnote reads:
1531 (hereafter Masoner) held that,
when a court concludes there is no evidence to support the Governor's
reversal of the Board's parole suitability finding, the remedy is to reinstate
the Board's finding, rather than to remand the matter to the Governor for
further reconsideration in accordance with due process of law.
There is no change in the judgment.
The petition for rehearing is denied.
FOR THE COURT:
SCOTLAND , P. J.
NICHOLSON , J.
ROBIE , J.
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