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IN RE MARTINEZ

No. S226596.

3 Cal.5th 1216 (2017)

In re HECTOR MARTINEZ on Habeas Corpus.

Supreme Court of California.

December 4, 2017.

Attorney(s) appearing for the Case

Marilee Marshall & Associates and Marilee Marshall for Petitioner Hector Martinez.

Kamala D. Harris and Xavier Becerra , Attorneys General, Gerald A. Engler , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Donald E. de Nicola , Deputy State Solicitor General, Lise Jacobson and Kimberley A. Donohue , Deputy Attorneys General, for Respondent State of California.

OPINION

Petitioner Hector Martinez was convicted of first degree murder after the jury was instructed on both a direct aiding and abetting theory and a natural and probable consequences theory. After his conviction, we held in People v. Chiu (2014) 59 Cal.4th 155 [

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