Emanuel

Opinion of the Court by Evans, J.

Defendant Louis Sanchez Emanuel was convicted of first degree murder following a fatal shooting committed by his codefendant, Jacob Craig Whitley. The conviction was obtained under the felony-murder rule, as the killing occurred during the commission of a robbery perpetrated by Whitley and Emanuel. Under the felony-murder doctrine applicable at the time of his trial and conviction, Emanuel could be found guilty of the crime of murder if a jury found that he committed an inherently dangerous felony, such as robbery, and an accomplice killed someone during the commission of that crime. The only mens rea finding required to support a conviction was the intent to commit the underlying felony. Subsequently, the Legislature significantly narrowed the scope of the felony-murder rule in Senate Bill No. 1437 (2017– 2018 Reg. Sess.) (Senate Bill No. 1437) (Stats. 2018, ch. 1015, § 3). A felony-murder conviction may no longer rest on the mere commission of and intent to commit an underlying felony. If a defendant was not the actual killer or an aider and abettor acting with intent to kill, the statute now requires that the defendant be a major participant…