People v. Marron CA2/4

INTRODUCTION

In 2004, appellants George Marron and Raymond Vallejo joined fellow gang member Jose Jesus Medina in assaulting Ernie Barba, shortly before Medina fired a gun at Barba and his friend, killing Barba. Marron and Vallejo were convicted under the natural and probable consequences doctrine of one count of first degree murder and one count of attempted murder. On their direct appeals, we initially reversed their convictions for insufficient evidence. (People v. Medina (July 23, 2007, B189049) [nonpub. opn.] 2007 Cal.App.LEXIS 1206, *615-*616 (Medina I), review granted Oct. 31, 2007, and cause transferred Nov. 19, 2009, S155823.) Our Supreme Court reversed, holding the evidence was sufficient to support the convictions under the

2 natural and probable consequences doctrine, as the jury reasonably could have found the shooting was a natural and probable consequence of the preceding assault. (People v. Medina (2009) 46 Cal.4th 913, 916 (Medina II).) On transfer, we rejected Marron and Vallejo’s remaining contentions and affirmed their convictions. (People v. Medina (Jan. 26, 2010, B189049) 2010 Cal.App.Unpub. LEXIS 572, *2-*3 (Medina III).) After our Supreme Court held in…