People v. Aguirre CA2/2

BACKGROUND

In People v. Aguirre (June 24, 2008, B196419), this court affirmed Aguirre’s convictions for first degree murder and two counts of first degree attempted murder. All the counts were enhanced under section 12022.53, subdivision (d), for Aguirre’s personal and intentional discharge of a firearm causing bodily injury or death. Aguirre filed a petition for resentencing under section 1172.6 and a petition to recall his sentence under section 1172.1. The trial court denied the petition for recall of sentence under section 1172.1 without a hearing. It also denied the petition under section 1172.6 because Aguirre was not convicted of murder under either a felony murder theory, the natural and probable consequences doctrine or any other basis of imputed culpability. His appeal is timely.

DISCUSSION

I. Governing Principles

Effective January 1, 2019, the Legislature “ ‘amend[ed] the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, 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…