In re Sauers
Filed 2/11/10 In re Sauers CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SIXTH APPELLATE DISTRICT
In re JAMES A. SAUERS, on Habeas Corpus. | H034179 (Santa Clara County Super. Ct. No. 78855) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING |
BY THE COURT:
It is ordered that the opinion filed herein on January 26, 2010, be modified in the following particulars:
On page 17, footnote 7, the last sentence (with concluding citations) is stricken and three new sentences added in its place so that footnote 7 shall read in full as follows:
Sauers argues that the superior court gave too much deference to the Board and that we should modify the ruling and order his immediate release. In the alternative, Sauers contends that we should modify the ruling to order the Board to find him suitable for parole absent new evidence to show that he is a current public safety risk. We have concluded, however, that the problem with the Boards decision is its apparent failure to apply the analysis required by Lawrence. It is not the role of this court to undertake that analysis, which is what we would have to do in order to grant the relief Sauers requests. Accordingly, we reject the request.
There is no change in judgment. The petition for rehearing is denied.
Dated:
Premo, Acting P.J.
Elia, J.
Duffy, J.
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