People v. Morfin CA4/3

FACTS

A summary of the facts is set forth in the direct appeal in this matter, People v. Morfin and Amezola (July 22, 2004, G030390) [nonpub. opn.] (Morfin I). To summarize briefly, on July 24, 1999, defendant, the leader of the Southside gang, was attending a party at a home in Huntington Beach. After an altercation, the victim, Alberto Olmedo, was shot in the head while sitting in the back of a nearby apartment. Morfin was connected to the murder through the car he was driving, his statements to other gang members, the gun, and the statements of numerous witnesses. (Morfin I, supra, G030390.) After the jury convicted him of first degree murder with a gang enhancement (§§ 187, subd. (a), 186.22, subd. (b)) and street terrorism (§ 186.22, subd. (a)), the court sentenced him to 25 years to life. This court affirmed. (Morfin I, supra, G030390.) In March 2016, Morfin filed a petition for a writ of habeas corpus. Pursuant to People v. Chiu (2014) 59 Cal.4th 155, he contended he was tried on the invalid natural and probable consequences doctrine of first degree murder, and because the record did not establish the jurors based the first degree murder verdict on a valid theory, his…