People v. Ross CA2/2

DISCUSSION

In 2018, the Legislature limited the scope of the felony- murder rule and abolished natural and probable consequences liability for murder. (People v. Lewis (2021) 11 Cal.5th 952, 957 (Lewis).) With one narrow exception (see § 189, subd. (f)), murder convictions cannot be premised on imputed malice—that is, any theory by which a person can be convicted of murder for a killing committed by someone else, such as felony murder or the natural and probable consequences doctrine—unless the People also prove that the nonkiller defendant personally acted with the intent to kill or was a major participant who acted with reckless disregard to human life. (§§ 188, subd. (a)(3) & 189, subd. (e).) The Legislature established procedures for vacating the murder convictions of defendants who could no longer be convicted of murder owing to amendments to sections 188 and 189. Upon the filing of a facially sufficient resentencing petition, the court must appoint counsel, if requested. (§ 1172.6, subd. (b)(3); Lewis, supra, 11 Cal.5th at p. 970.) It may then rely upon the record of conviction, including appellate opinions, to determine whether a prima facie showing is made that the…