# In Re Rogers

> California Supreme Court · November 24, 1980 · 28 Cal. 3d 429

URL: https://www.frixlaw.com/law-library/cases/9618621

## Case

- **Full name:** In Re GERALD McDONALD ROGERS on Habeas Corpus
- **Court:** California Supreme Court
- **Decided:** November 24, 1980
- **Citations:** 28 Cal. 3d 429; 169 Cal. Rptr. 222; 619 P.2d 415; 1980 Cal. LEXIS 226
- **Precedential status:** Published
- **Opinion:** Concurrence by Clark
- **Judges:** Bird, Clark
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9618621

## Opinion text

CLARK, J.
While concurring in the judgment and opinion of the court, I wish to emphasize a statement in that opinion which might otherwise be overlooked: In determining whether petitioner’s term should be enhanced, the board may consider the conduct underlying the prior convictions as part of his social history. {Ante, p. 436.) Indeed, the board must do so. The Legislature has declared that in fixing a term under section 1170.2, “the board shall be guided by the following finding and declaration hereby made by the Legislature: that the necessity to protect the public from repetition of extraordinary crimes of violence against the person is the paramount consideration.” (Pen. Code, § 1170.2, subd. (b).) Petitioner’s priors were for violation of Penal Code section 288. Lewd acts on a child under 14 as defined in section 288 have been declared by the Legislature to be “violent felonies” for the purpose of sentence enhancement. (Pen. Code, § 667.5.) Therefore, the board must consider the conduct underlying the priors.
Petitioner’s application for a rehearing was denied December 24, 1980.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9618621. Public record. Not legal advice.