Modification: In re McGhee

In re TIJUE ADOLPHUS McGHEE

on Habeas Corpus.

No. A153721

(Alameda County

Super. Ct. No. FCR331651)

California Courts of Appeal

First Appellate District

Division Four

Filed May 16, 2019

ORDER MODIFYING OPINION;

NO CHANGE IN JUDGMENT

Trial judge: Honorable Daniel Healy

Counsel for petitioner: Jonathan Soglin and L. Richard Braucher by appointment of the Court of Appeal

Counsel for respondent:

Xavier Becerra, Attorney General,

Phillip J. Lindsay, Senior Assistant Attorney General

Sara J. Romano, Supervising Deputy Attorney General Brian C. Kinney, Deputy Attorney General

THE COURT:

It is ordered that the opinion filed herein on April 29, 2019, be modified as follows:

On page 10, at the end of the first sentence in the last paragraph insert: ---to "ensure[] that the board focuses its resources on inmates who are more likely to be found suitable for parole." (Statement of Reasons, p. 17.), and delete the second sentence, so that the first two sentences read:

We do not gainsay the practical issues presented by implementation of section 32, subdivision (a)(1) as intended, nor do we fail to recognize the sensible rationale underlying the department's two-tiered scheme---to "ensure[] that the board focuses its resources on inmates who are more likely to be found suitable for parole." (Statement of Reasons, p. 17.) Nonetheless, although an inmate may not be paroled soon after committing such an offense, the appearance before the board may still serve a constructive purpose.

There is no change in the judgment.

Date: May 16, 2019 Acting P.J.