People v. Phillips CA2/6

DISCUSSION

Effective January 1, 2019, Senate Bill No. 1437 “altered the substantive law of murder in two areas. First, with certain exceptions, it narrowed the application of the felony-murder rule . . . . Second, [it] imposed a new requirement that, except in cases of felony murder, ‘a principal in a crime shall act with malice aforethought’ to be convicted of murder. (§ 188, subd. (a)(3).)

2 ‘Malice shall not be imputed to a person based solely on his or her participation in a crime.’ (Ibid.) One effect of this [second] requirement was to eliminate liability for murder as an aider and abettor under the natural and probable consequences doctrine.” (People v. Curiel (2023) 15 Cal.5th 433, 448-449 (Curiel).) Section 1172.6 sets forth the procedure for defendants convicted under prior law to petition for relief. (§ 1172.6.) Under that section, “[a] person 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” may file a petition. (§ 1172.6, subd. (a).) One condition for section 1172.6 relief “is that ‘[t]he petitioner could not…