People v. Landaverde CA2/6

FACTS AND PROCEDURAL HISTORY

Appellant and others were involved in a gang-related shooting. In September 2019 appellant pleaded no contest to one count of attempted murder. (§§ 187, subd. (a), 664.) He received a negotiated term of 17 years in prison. Appellant petitioned for resentencing under former section 1170.95 (now section 1172.6) in May of 2022. He denied being the actual shooter and argued prosecutors could not prove his guilt after Senate Bill 1437 abolished imputed malice as a basis for murder. The trial court found appellant ineligible for resentencing because SB 1437’s amendments took effect before he pleaded no contest to attempted murder. This meant he “could not have been tried on a theory of imputed malice if his case proceeded to trial.” It denied his petition on this ground.

DISCUSSION

Senate Bill 1437 “amend[ed] the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, 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 with reckless indifference to human life.” (Stats. 2018, ch.…