Guerrero

I. BACKGROUND

25 Petitioner was found guilty by a jury in Santa Clara County Superior Court of first 27 degree murder (Cal. Pen. Code § 187) and active participation in a criminal street gang (Cal. Pen. Code § 186.22(a)). Dkt. No. 1 at 1; Dkt. No. 13 at 2, citing People v. Guerrero, 2021 WL 3673855, at *1 (Cal. Ct. App. 2021) (Case No. 215585). The jury also found true allegations that Petitioner and his brother committed the murder for the benefit of a criminal street gang, and that a principal personally and intentionally discharged a firearm and proximately caused death (Cal. Pen. Code § 12022.53(d) & (e)(1)). Id. Petitioner and his brother were each sentenced on March 23, 2018, to 53 years to life in state prison. Id. On direct appeal, the California Court of Appeal ordered that the three-year terms imposed on count 2 be stayed, but otherwise affirmed the judgments. People v. Guerrero, 2021 WL 3673855, at *1. On November 17, 2021, the California Supreme Court denied petitions for review. Ex. 12, Dkt. No. 13 at 8. On January 1, 2022, amendments to California Penal Code sections 186.22(b) (gang …