Kelly

Filed 9/18/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G062071

v. (Super. Ct. No. 08NF4115)

JARRELL KELLY, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Cheri T. Pham, Judge. Reversed and remanded with directions. Cliff Gardner, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Eric A. Swenson, Felicity Senoski and Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent. Convicted of felony murder and attempted murder in 2012, Jarrell Kelly appeals the summary denial of his petition for resentencing under Penal Code section 1172.6.1 His appeal requires us to interpret the actus reus requirement for felony murder as set forth in section 189, subdivision (e)(2) (section 189(e)(2).) In particular, we must ascertain what it means to “assist[] the actual killer…