In re Lizarraga CA2/8

Filed 4/23/13 In re Lizarraga CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

B242180

In re SERGIO RAFAEL LIZARRAGA, (Los Angeles County Super. Ct. No. BH 008245) on Habeas Corpus.

APPEAL from an order of the Superior Court of Los Angeles County, Patricia M. Schnegg, Judge. Reversed and remanded.

Kamala D. Harris, Attorney General, Jennifer A. Neill, Assistant Attorney General, Julie A. Malone and Charles Chung, Deputy Attorneys General, for Appellant.

Susan L. Jordan, under appointment by the Court of Appeal, for Respondent.

****** Petitioner Sergio Raphael Lizarraga pleaded guilty to second degree murder in 1994 and was sentenced to 15 years to life. The Board of Parole Hearings (Board) denied parole in May 2011 but the trial court ordered the Board to vacate its decision and to…