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IN RE LIRA

No. H036162.

201 Cal.App.4th 677 (2011)

In re JOHNNY LIRA on Habeas Corpus.

Court of Appeals of California, Sixth District.

December 6, 2011.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Julie Garland , Assistant Attorney General, Anya M. Binsacca , Phillip Lindsay , and Brian C. Kinney , Deputy Attorneys General, for Plaintiff and Appellant The People.

Steve M. Defilippis , under appointment by the Court of Appeal, for Defendant and Respondent Johnny Lira.

OPINION

RUSHING, P. J.—

I. INTRODUCTION

After 11 parole hearings and 29 years in prison under an indeterminate life sentence, defendant Johnny Lira was released on parole with a three-year term. In a habeas corpus petition, Lira sought credit against his parole term for time spent in prison after 2005, when the Board of Parole Hearings (the Board) erroneously found him unsuitable...

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