P. v. Vargas CA2/4
Appellant Geovanny Antonio Vargas appeals from the superior court’s denial of his petition under Penal Code section 1170.95 to vacate his first degree murder conviction. The evidence at trial established appellant was present when his codefendant fatally shot a rival gang member in broad daylight, and after the two men fled together, appellant attempted to hide the gun. The prosecution alleged that before the shooting, appellant and his codefendant were informed rival gang members were crossing out their gang’s graffiti, and appellant agreed to retaliate by committing either murder or assault. The jury was instructed that if appellant intended to aid and abet only an assault, he could be guilty of murder under a natural and probable consequences theory.
Comments on P. v. Vargas CA2/4