In re Romero CA2/8
In 2012, we affirmed a judgment against Jason Romero which sentenced him to 50 years to life for first degree murder under an aiding and abetting theory. In 2014, the California Supreme Court held in People v. Chiu (2014) 59 Cal.4th 155, 158–159 (Chiu), that an aider and abettor may not be convicted of first degree murder under the natural and probable consequences doctrine. In 2016, Romero filed a petition for writ of habeas corpus seeking reversal of his conviction under Chiu. In 2017, the court held in In re Martinez (2017) 3 Cal.5th 1216 (Martinez) that Chiu error requires reversal unless the reviewing court concludes beyond a reasonable doubt that the jury actually relied on a legally valid theory in convicting the defendant of first degree murder. The high court returned the matter for us to reconsider Romero’s conviction in light of Chiu and Martinez.
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