People v. Parker CA4/2

Filed 11/18/22 P. v. Parker CA4/2 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E074742

v. (Super.Ct.No. ICR22535)

KERRY LUGENE PARKER, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge.

Reversed.

Jan B. Norman and Siri Shetty, under appointment by the Court of Appeal, for

Defendant and Appellant.

Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief

Assistant Attorney General, Julie L. Garland and Charles C. Ragland, Senior Assistant

Attorneys General, and Lynn G. McGinnis, Robin Urbanski and Donald W. Ostertag,

Deputy Attorneys General, for Plaintiff and Respondent.

1

In 1997, petitioner Kerry Lugene Parker was convicted on three counts of first

degree murder, on a felony-murder theory, with felony-murder special circumstances. In

2019, he filed a petition to vacate the murder convictions under Penal Code section