Medrano

Facts The following facts are taken primarily from the factual statement in our 1994 opinion. Appellant and Carlos Vargas purchased a .22 caliber semi-automatic rifle. Appellant “scored” the “tip” of the rifle’s bullets in the belief that “the scoring would make the bullets more explosive.” As overt act #7 underlying the conspiracy charge, the jury found that appellant, Vargas, Edward Throop, and Joseph Scholle “discussed among themselves committing a drive-by shooting.” Vargas drove them to Cabrillo Village in Ventura County. “Throop held the rifle and sat in the back seat next to appellant.” Throop pointed the rifle out the window and fired multiple shots at a group of people attending a baptism party. As Vargas drove away, Scholle shouted the names of rival gangs. Two men attending the baptism party died of gunshot wounds. Two other men were shot but survived. Appellant’s Petition In his pre-printed section 1170.95 petition, appellant checked boxes declaring that (1) a pleading had been filed against him that “allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable

2 consequences doctrine,” (2) he was convicted of first…