Lizzaraga

I. BACKGROUND/PRIOR PROCEEDINGS

Rodriguez was charged with burglary after he was arrested while fleeing the scene of a burglarized carport storage room on a bicycle stolen from a nearby home. The information also alleged an enhancement for another person being present in a residence during a burglary as well as enhancements for five prior convictions, two of them serious felonies and five of them within five years of a prior prison term. On direct appeal of his conviction, the California Court of Appeals recounted the following facts underlying the charges against Rodriguez: Around 1:30 a.m. on May 1, 2011, Lauren McNeil was working at her residence. She heard the door to the storage room in her carport open. The door stuck and “vibrate[d] the house” when opened and had to be pushed hard to open. Marcus Pollard, Warden, Richard J. Donovan Correctional Facility, is substituted for Joe Lizzaraga, former Warden, Mule Creek State Prison. FED. R. CIV. P. 25(c). McNeil went downstairs to turn on the carport lights. As she looked out the window, she saw a figure exit the storage room. The storage room light was on; it had been off when she went to bed. The person walked…