People v. Buckley CA3

DISCUSSION

Buckley first argues the trial court erred in denying his section 1172.6 petition at the prima facie stage. He argues that, because he pled no contest to manslaughter to avoid being prosecuted on the murder charge, he is eligible for relief. We disagree. Effective January 1, 2019, the Legislature passed Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), which amended sections 188 and 189 to significantly limit the scope of the felony-murder rule and eliminate second degree murder liability predicated on the natural and probable consequences doctrine. (People v. Lezama (2024) 101 Cal.App.5th 583, 587; People v. Strong (2022) 13 Cal.5th 698, 707-708 & fn. 1.) Senate Bill 1437 also created “a special procedural mechanism for those convicted under the former law to seek retroactive relief,” codified at former section 1170.95 (now § 1172.6). (Strong, at p. 708.) Then, effective January 1, 2022, Senate Bill No. 775 (2021-2022 Reg. Sess.) expanded the categories of offenders eligible to petition for resentencing to include those convicted of attempted murder and manslaughter. The Legislature recognized that “a petitioner may have pled guilty or no contest to…