People v. Castro CA4/2
Opinion
Opinion
BACKGROUND
Defendant and his cousin, Salvador Mendoza, were together in a car when they
began following another car containing four men. Defendant was driving. After
defendant and Mendoza followed the other car for several miles, Mendoza began
shooting at the men, injuring two of them.
In 1995, a jury found defendant guilty of four counts of attempted murder with
firearm enhancements (§§ 664, 187, & former § 12022, subd. (d)) and one count of
conspiracy to commit murder (§§ 182, 187). The trial court struck the enhancements and
sentenced defendant to indeterminate consecutive life sentences on each of the four
attempted murder convictions and, as to the conspiracy count, 25 years to life to run
consecutive to the sentences imposed on the attempted murder counts.
On January 1, 2019, Senate Bill No. 1437 became effective. (Stats. 2018,
ch. 1015.) That measure amended sections 188 (defining malice) and 189 (defining
degrees of murder) to limit the reach of the felony murder rule and the natural and
probable consequences doctrine as it relates to murder. (Stats. 2018, ch. 1015, §§ 2, 3.)
The bill did not mention laws concerning attempted murder.