People v. LeBlue CA2/5

DISCUSSION

A. Legal Principles

“Murder is the unlawful killing of a human being with malice aforethought. (§ 187, subd. (a).) ‘ “Under the felony- murder doctrine as it existed at the time of [LeBlue’s] trial, ‘when the defendant or an accomplice kill[ed] someone during the commission, or attempted commission, of an inherently dangerous felony,’ the defendant could be found guilty of the crime of murder, without any showing of ‘an intent to kill, or even implied malice, but merely an intent to commit the underlying felony.’ [Citation.] Murders occurring during certain violent or serious felonies[, including robbery,] were of the first degree, while all others were of the second degree. [Citations.]” [Citation.]’ (People v. Wilson (2023) 14 Cal.5th 839, 868.)” (People v. Bodely (2023) 95 Cal.App.5th 1193, 1199.) The felony murder rule was amended by Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats 2018, ch. 1015), which became effective on January 1, 2019. (People v. Garcia (2022) 82 Cal.App.5th 956, 965.) “As relevant here, Senate Bill No. 1437 limited the class of persons liable for felony murder by adding section 189, subdivision (e). Under current law, ‘[a] participant…