In re Lisea
Opinion
Opinion
Filed 1/13/
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin) ----
In re EDUARDO LISEA on Habeas Corpus. C093386
(Super. Ct. No.
STKCRFMISC201916983,
SF111155A)
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.
1 The petition for writ of habeas corpus filed in this court by petitioner Eduardo Lisea presents an unusual application of the Supreme Court decision addressing the kill zone instruction for attempted murder in CALCRIM No. 600, People v. Canizales (2019) 7 Cal.5th 591 (Canizales). This case stems from a confrontation between petitioner’s gang and a rival gang in which an innocent bystander was shot. Petitioner, the driver of the vehicle from which his fellow gang members fired several shots, was convicted of attempted murder, assault with a firearm,…