In re Medina
Filed 12/17/08 In re Medina CA5
Received for posting 12/24/08
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re RAY MEDINA on Habeas Corpus. | F054322 (Super. Ct. No. HC009540A) MODIFICATION OF OPINION ON DENIAL OF REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion herein filed on November 24, 2008, be modified as follows:
1. On page 6, at the end of the final sentence of the first paragraph, add the following footnote 3:
3We note that throughout these proceedings, Medina has insisted that the first disciplinary hearing was actually held on September 25, 2005, thereby making it untimely. The Department, in its second level appeal response, however, found the hearing was timely because it was held on September 24, 2005. The hearing officer on the rehearing agreed with this finding, as did the trial court when it granted the petition for habeas corpus, which was limited solely to the issue of the timeliness of the rehearing.
This modification does not effect a change in the judgment.
The petition for rehearing is denied.
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Gomes, J.
WE CONCUR:
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Cornell, Acting P. J.
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Kane, J.
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