In re Oliveras

Good Law
Court of Appeal of CaliforniaAugust 2, 2024A168677MCalifornia4,600 words

Opinion

Opinion

Petrou, J.

Filed 8/2/24 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re JOSE OLIVERAS on Habeas A168677 Corpus (Del Norte County Super. Ct. No. HCPB235049)

ORDER MODIFYING OPINION AND

DENYING REHEARING

[NO CHANGE IN JUDGMENT]

BY THE COURT 1:

It is ordered that the opinion filed herein on July 15, 2024, be modified as follows: 1. On page 7, the entire second full paragraph beginning with “Section 1094.5 of the Code of Civil Procedure . . .” and ending “. . . an issue of law, we may exercise our independent judgment.’ ”].)” should be deleted and replaced with a new paragraph that reads: “ ‘Rules governing the interpretation of statutes also apply to interpretation of regulations. [Citation.] “In interpreting regulations, the court seeks to ascertain the intent of the agency issuing the regulation by giving effect to the usual meaning of the language used so as to effectuate the purpose of the law, and by

1 Tucher, P. J., Petrou, J., and Fujisaki, J. participated in the decision. avoiding an interpretation which renders any language mere surplusage. [Citation.]”…

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