People v. Chavez CA4/3

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Because this case arises out of a plea bargain, we do not have a detailed factual record. The district attorney filed a complaint charging Chavez with the murder of Alejandro Rojas in violation of section 187, subdivision (a), on or about May 18, 2018. The complaint also alleged several enhancements: personal and intentional discharge of a firearm causing death

1 Subsequent statutory references are to the Penal Code.

2 (§12022.53, subd. (d)); personal use of a firearm (§12022.53, subd. (b)); and a gang enhancement (§186.22 (b)(1)(C)). On January 1, 2019, Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Stats. 2018, ch. 1015, §4; Senate Bill 1437) went into effect. That law “eliminated natural and probable consequences liability for murder as it applies to aiding and abetting, and limited the scope of the felony-murder rule” by amending sections 188 and 189. (People v. Lewis (2021) 11 Cal.5th 952, 957.) Senate Bill 1437 also adopted section 1170.95 (now known as section 1172.6, and referred to as such throughout), which permitted murderers convicted under the former versions of sections 188 and 189 to seek resentencing. (Ibid.) On January…