People v. Parra CA4/2

BACKGROUND

In 2018, the Legislature passed Senate Bill No. 1437 (2017-2018, Reg. Sess.)

(Stats. 2018 ch.1015), effective January 1, 2019, which among other things amended the

definition of felony murder in section 189. This amended felony-murder rule restricted

culpability for murder to actual killers, aiders and abettors, and anyone who was “a major

participant in the underlying felony and acted with reckless indifference to human life”

unless the victim was a peace officer. (§ 189, subd. (e)(1)-(3), (f).) Senate Bill No. 1437

also added section 1170.95, later renumbered to section 1172.6, which allows “[a] person

convicted of felony murder or murder under the natural and probable consequences

doctrine,” to “file a petition with the court that sentenced the petitioner to have the

petitioner’s murder . . . conviction vacated and to be resentenced on any remaining

counts,” if, among other things, “[t]he petitioner could not presently be convicted of

murder” (§ 1172.6, subd. (a)), because of the changes to the law wrought by Senate Bill

No. 1437. (§ 1172.6, subd. (a)(3).)

In February 2019 Parra pled guilty to second degree murder and was sentenced to

15 years to…