In re Singler 4/16/08 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C054634M

Case Date: 07/09/2008

Preview:Filed 4/16/08

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) ----

In re RONALD SINGLER on Habeas Corpus.

C054634 (Super. Ct. No. 64078) ORDER MODIFYING OPINION AND DENYING REHEARING; NO CHANGE IN JUDGMENT

THE COURT: It is ordered that the opinion filed in this case on March 26, 2008, be modified in the following particulars: 1. On pages 31-32, delete the paragraph under the heading

DISPOSITION, and substitute the following paragraph: The petition for writ of habeas corpus is granted because the evidence presented at the 2006 parole hearing does not support the Board's finding that Singler was unsuitable for parole at that time. The Board is directed to find Singler suitable for parole unless, within 30 days of the finality of this decision, the Board holds a hearing and determines that new evidence of Singler's conduct in

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prison subsequent to the 2006 parole hearing supports a determination that he currently poses an unreasonable risk of a danger to society if released on parole. These modifications do not change the judgment. The petition for rehearing is denied.

FOR THE COURT:

SCOTLAND

, P.J.

NICHOLSON

, J.

RAYE

, J.

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