People v. Curry CA1/4

BACKGROUND

1. Legal Principles Effective 2019, the Legislature amended our state’s felony murder law “ ‘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.’ ” (People v. Lewis (2021) 11 Cal.5th 952, 959 (Lewis).) Subsequent legislation clarified that relief under section 1172.6 extends to manslaughter and attempted murder under the natural and probable consequences doctrine. (People v. Glass (2025) 110 Cal.App.5th 922, 926; Patton, supra, 17 Cal.5th at p. 558.) As a consequence, malice may no longer be imputed to a homicide defendant solely because they participated in another crime. (Patton, at p. 558.) A defendant seeking relief from a murder conviction under a theory disallowed by these amendments may petition the trial court to vacate the conviction and for resentencing on any remaining counts. (§1172.6, subd. (a).) To do so, the petitioner must first file a facially sufficient petition stating that, among other allegations, he or she could not presently be convicted of murder or attempted murder…