People v. Franco CA3

DISCUSSION

“The Legislature enacted Senate Bill [No.] 1437 [(2017-2018 Reg. Sess.), which became effective on January 1, 2019,] ‘to more equitably sentence offenders in accordance with their involvement in homicides.’ ” (People v. Curiel (2023) 15 Cal.5th 433, 448 (Curiel).) As relevant here, Senate Bill No. 1437 added a new requirement that, except in cases of felony murder, “in order to be convicted of murder, a principal in a crime shall act with malice aforethought. Malice shall not be imputed to a person based solely on his or her participation in a crime.” (§ 188, subd. (a)(3); Curiel, at p. 449.)

1 This court granted defendant’s motion to incorporate by reference the record in defendant’s original appeal from the judgment. 2 Undesignated statutory references are to the Penal Code.

2 Senate Bill No. 1437 (2017-2018 Reg. Sess.) also added former section 1170.95 (now section 1172.6), which, among other things, permits a defendant to petition the sentencing court to have a murder conviction vacated, and to be resentenced on any remaining counts, when (1) the complaint, information, or indictment filed against the defendant allowed the People to proceed under a theory of…