In re Ramirez

*755 *388 Arthur Espindola Ramirez (petitioner) seeks to have his felony-murder special circumstance vacated based on California Supreme Court authorities decided after his convictions became final. We conclude he is entitled to that relief.

*389 FACTS AND PROCEDURAL HISTORY

" I. The Prosecution.

"Eustacio [surname omitted] testified that he was 13 years old in January of 1996. He lived with his parents and [petitioner], who was then aged 19. Eustacio belonged to a 'Sureno' (southern California) street gang. His best friend was 16-year-old Josh [surname omitted]. On or about January 14, 1996, the [petitioner], Eustacio and Josh searched through an abandoned house and trailer. [Petitioner] found a sock in which a .25-caliber handgun (hereafter the .25) and a .32-caliber handgun (hereafter the .32) were secreted. The guns were given to a friend of Eustacio's father to be cleaned.

"The following day, the three went shopping with Eustacio's mother. At Eustacio's request, she purchased ammunition for the weapons. Eustacio took the ammunition from his mother and [petitioner] put it under one of the beds in the room Eustacio shared with [petitioner]. Later, [petitioner] retrieved…