People v. Cowie CA2/2

BACKGROUND

In 2009, the jury convicted defendant of two counts of second degree murder (§ 187, subd. (a)). As to both counts, the jury found a principal personally and intentionally discharged a firearm, which proximately caused great bodily injury and death (§ 12022.53, subds. (d), (e)(1)), and the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)). Defendant was sentenced to an aggregate term of 40 years to life in prison. In 2011, the judgment was affirmed on direct appeal in People v. Cowie (Apr. 26, 2011, B222597) (nonpub. opn.). Relevant legal principles applicable to section 1172.6 Effective January 1, 2019, the Legislature passed Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), amending sections 188 and 189, the laws pertaining to felony murder and murder under the natural and probable consequences doctrine, “to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not

All further unattributed code citations are to the Penal Code.

2 a major participant in the underlying felony who acted with reckless indifference to human life.” (Stats.…