P. v. Guerrero CA2/5
Years ago, a trial jury convicted defendant and appellant Gabriel Guerrero (defendant) of first degree murder and conspiracy to commit murder; the jury was instructed it could convict defendant on the conspiracy charge if it found he conspired to commit an assault, but a murder was a natural and probable consequence of that planned assault. More recently, the trial court denied defendant’s Penal Code section 1170.95 petition seeking to vacate his murder conviction—without first issuing an order to show cause. The Attorney General concedes reversal and remand is required because the record does not show defendant is ineligible for relief as a matter of law. That will be our disposition after a short discussion of the facts, the pertinent procedural history, and the law.
On April 26, 2005, six men, including murder victim Ryan Dasalla (Dasalla), beat up one of defendant’s brothers. In retaliation, defendant participated in the shooting of Dasalla the following day.
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