In re Lozano
Filed 1/18/07 In re Lozano CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin)
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In re FIDEL JESSIE LOZANO, On Habeas Corpus. | C051792 (Super. Ct. No. SC 033334A) |
Fidel Jessie Lozano (petitioner) petitions for a writ of habeas corpus. He contends the Board of Prison Terms (now the Board of Parole Hearings; hereafter, the Board) erroneously denied him parole. (See Pen. Code, § 3041, subd. (a).) We grant the petition in a limited respect.
In 1982 petitioner was convicted of second degree murder for killing Joseph Lopez (Mr. Lopez) and assault with a deadly weapon, with great bodily injury, for shooting Mr. Lopez's wife, Caroline Lopez (Mrs. Lopez). (Pen. Code, §§ 187, 245, subd. (a).) Petitioner was sentenced to 15 years to life on the murder conviction. The sentences on the assault conviction and various firearm and injury enhancements were stayed.
Petitioner unsuccessfully sought a writ of habeas corpus in the superior court. That court concluded the â€
