People v. Weir CA2/2

BACKGROUND

On May 20, 2019, after defendant’s first two trials ended without a unanimous verdict, a third jury found defendant guilty of three counts of first degree murder (§ 187, subd. (a)). As to all three counts, the jury found true the allegations that a principal was armed with a firearm (§ 12022, subd. (a)(1)), and defendant personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subds. (b)–(d)). The jury also found true the multiple-murder special-circumstance allegation (§ 190.2, subd. (a)(3)). Defendant was sentenced on March 10, 2021, to three prison terms of life without the possibility of parole, plus 75 years to life. The judgment was affirmed on appeal in People v. Weir (Dec. 21, 2022, No. B311555) (nonpub. opn.). The Legislature passed Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437) amending sections 188 and 189, the laws pertaining to felony murder and murder under the natural and probable consequences doctrine, “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…