People v. Dominguez CA4/1

DISCUSSION

Senate Bill No. 1437 (2017–2018 Reg. Sess.) amended the felony murder rule and eliminated the natural and probable consequences doctrine as related to murder “ ‘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 a major participant in the underlying felony who acted with reckless indifference to human life.’ ” (Ibid.; Lewis, supra, 11 Cal.5th at p. 959.) “[U]nder the natural and probable consequences doctrine, an aider and abettor is guilty not only of the intended crime, but also ‘for any other offense that was a “natural and probable consequence” of the crime aided and abetted.’ ” (People v. McCoy (2001) 25 Cal.4th 1111, 1117.) In enacting Senate Bill No. 1437, the Legislature eliminated the natural and probable consequences doctrine for murder by adding subdivision (a)(3) to section 188, which states that “ ‘[m]alice shall not be imputed to a person based solely on his or her participation in a crime.’ ” (People v. Harden (2022) 81 Cal.App.5th 45, 51.) In addition, Senate Bill No. 1437 created procedures for those with murder convictions who could not be convicted under the law as…