People v. James CA2/2

DISCUSSION

Section 1172.6, subdivision (a), allows criminals “convicted of felony murder or murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime,” and those convicted of “attempted murder under the natural and probable consequences doctrine,” to file a resentencing petition in certain circumstances. (Ibid.) “[T]he section 1172.6 petitioning ‘process begins with the filing of a petition containing a declaration that all requirements for eligibility are met ([§ 1172.6], subd. (b)(1)(A)), including that “[t]he petitioner could not presently be convicted of murder or attempted murder because of changes to Section 188 or 189.” ’ ” (Antonelli, supra, 17 Cal.5th at p. 724; see also § 1172.6, subd. (a)(3).) The changes to sections 188 and 189 “altered the substantive law of murder in two areas”: they “narrowed the application of the felony-murder rule” and imposed a new requirement that “ ‘a principal in a crime shall act with malice aforethought.’ ” (People v. Curiel (2023) 15 Cal.5th 433, 448–449; see also §§ 188, subd. (a)(3), 189, subd. (e).) That latter change…