People v. McCall CA2/2

DISCUSSION

Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437) eliminated the natural and probable consequences doctrine as a basis for murder liability and limited the scope of the felony- murder rule. (People v. Lewis (2021) 11 Cal.5th 952, 957 (Lewis).)

3 D’Milian pleaded no contest to the murder of the newborn and the attempted murders of its mother’s fiancé and relative. 4 Thereafter, appellant filed two petitions for writ of mandate in this court (B346559, B346811), and one in the Supreme Court, which was then transferred to this court (B343518). Those petitions were all denied.

3 The felony-murder rule was amended to provide that “[a] participant in the perpetration or attempted perpetration of a felony listed in subdivision (a) in which a death occurs is liable for murder only if one of the following is proven: [¶] (1) The person was the actual killer. [¶] (2) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree. [¶] (3) The person was a major participant in the underlying felony and acted with…