People v. Figueroa CA4/3

FACTS

Figueroa was convicted by a jury in 1990 of conspiracy to commit murder, two counts of first degree murder with a multiple murder special circumstance, and 11 counts of willful, deliberate, and premeditated attempted murder. He was sentenced to life in prison without the possibility of parole. We affirmed the convictions. (People v. Figueroa (June 30, 1992, G010268, G010371) [nonpub. opn.] (Figueroa I).)

1 Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6. (Stats. 2022, ch. 58, § 10.) The renumbered statute does not significantly change the review process. All further statutory references are to the Penal Code.

2 As relevant here, Figueroa I explained that Figueroa and his friends were from an area occupied by the 5th Street gang and were either present or past members of that gang in September 1989. The 5th Street gang and the 17th Street gang were rivals. On September 10, 1989, the nephew of Figueroa’s codefendant, Louis Valadez, was wounded in a drive-by shooting; the 17th Street gang was blamed. Five days later, Figueroa and Roman Menchaca encountered some women they associated with 17th Street; Figueroa promised to pay the gang a visit…