Ruling by
Coleman A. BleaseLower Court
San Joaquin County Superior CourtLower Court Judge
Seth R. Hoyt Jr.Improper kill zone instruction was prejudicial error warranting reversal of attempted murder conviction.
Court
California Courts of Appeal 3DCACite as
2022 DJDAR 1062Published
Jan. 31, 2022Filing Date
Jan. 28, 2022Opinion Type
ModificationDisposition Type
Reversed and RemandedCase Fully Briefed
Jun. 2, 2021Oral Argument
Nov. 17, 2021In re EDUARDO LISEA on Habeas Corpus.
-C093386
(Super. Ct. No. STKCRFMISC201916983, SF111155A)
California Court of Appeal
Third Appellate District
Filed January 28, 2022
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
APPEAL from a judgment of the Superior Court of San Joaquin County, Seth R. Hoyt, Judge. Reversed with directions.
Robert J. Beles, Retained Counsel for Petitioner.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans, Clara M. Levers, Deputy Attorneys General, for Respondent.
THE COURT:
It is ordered that the opinion filed herein on January 13, 2022, be modified as follows:
The sentence prior to the section titled "FACTUAL AND PROCEDURAL BACKGROUND" is modified to read: Finding the other contentions mooted or without merit, we shall vacate the attempted murder conviction, reverse the sentence, and remand for additional proceedings.
Except for the modification set forth, the opinion previously filed remains unchanged.
This modification does not effect a change in judgment.
LEASE, Acting P. J.
We concur:
MAURO, J.
KRAUSE, J.
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424
