P. v. Salamanca CA2/1
A jury convicted Gumaro Salamanca of first degree murder, attempted willful, deliberate and premeditated murder, and shooting at an inhabited dwelling, and found true several firearm and gang allegations. The trial court sentenced him to 50 years to life in prison. We conditionally reversed the conviction. (People v. Salamanca (Jan. 13, 2016, B254814) [nonpub. opn.].) In that decision, we concluded that Salamanca’s “conviction for . . . murder may have been [improperly] based on the . . . theory of natural and probable consequences.”
In 2019, Salamanca filed a petition for resentencing under Penal Code section 1170.95. Relief under section 1170.95 was available to an inmate convicted of murder under the natural and probable consequences, aiding and abetting doctrine but not to “a major participant in the underlying felony who acted with reckless indifference to human life.” (See Stats. 2018, ch. 1015,
§ 1, subd. (f); People v. Martinez (2019) 31 Cal.App.5th 719, 723.)
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