In re Gonzalez CA2/7
A jury convicted Enrique Gonzalez of the 2004 first degree murder of Gregory Gabriel, who was shot by Gonzalez’s friend, Carlos Argueta. We affirmed Gonzalez’s conviction, but remanded to the trial court for resentencing as to the firearm enhancements. In 2008 the Supreme Court denied review
On June 2, 2014 the Supreme Court held in People v. Chiu that the natural and probable consequences theory of aiding and abetting a crime cannot be the basis for convicting a defendant of first degree murder. (People v. Chiu (2014) 59 Cal.4th 155, 167 (Chiu).) On October 20, 2017 Gonzalez filed a petition for a writ of habeas corpus seeking relief from his first degree murder conviction under Chiu. Although we summarily denied the petition, the Supreme Court granted Gonzalez’s petition for review, directing this court to vacate our order denying the petition pursuant to Chiu and In re Martinez (2017) 3 Cal.5th 1216 (Martinez). We now grant the petition.
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