People v. Clayton CA2/1

facts of the case. Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Stats. 2018, ch. 1015), which went into effect January 1, 2019, “amended sections 188 and 189 of the Penal Code to ‘eliminate[ ] natural and probable consequences liability for murder as it applies to aiding and abetting, and [to] limit[ ] the scope of the felony-murder rule.’ [Citation.]” (People v. Lee (2023) 95 Cal.App.5th 1164, 1173 (Lee).) “[T]he amended section 188 provides that, except as stated in the amended section 189 governing felony murder, ‘in order to be convicted of murder, a principal in a crime shall act with malice aforethought. Malice shall not be imputed to a person based solely on his or her participation in a crime.’ (§ 188, subd. (a)(3).)” (Lee, supra, at p. 1173.) The bill also added former section 1170.95, now numbered 1172.6, “ ‘which creates a procedure for convicted murderers who could not be convicted under the law as amended to retroactively seek relief.’ [Citation.]” (Lee, supra, 95 Cal.App.5th at p. 1173.) In 2021, the Legislature enacted Senate Bill No. 775 (2021–2022 Reg. Sess.) (Stats. 2021, ch. 551), which, inter alia, extended relief under former section 1170.95 to those convicted…