People v. Soy CA2/2

DISCUSSION

I. Appellant’s Petition Stated a Prima Facie Case

for Relief Under Section 1170.95, Thus Necessitating Remand to the Trial Court to Issue an Order to Show Cause and Conduct an Evidentiary Hearing A. Applicable Law The Legislature enacted Senate Bill No. 1437 to “amend 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 reckless indifference to human life.” (Stats. 2018, ch. 1015, § 1, subd. (f); People v. Gentile (2020) 10 Cal.5th 830, 842 (Gentile); People v. Martinez (2019) 31 Cal.App.5th 719, 723 (Martinez).) To accomplish this objective with respect to the natural and probable consequences doctrine, Senate Bill No. 1437 added section 188, subdivision (a)(3), defining malice, to require that all principals to murder must act with express or implied malice to be convicted of that crime, with the exception of felony murder under section 189, subdivision (e). (Stats. 2018, ch. 1015, § 2; Gentile, at pp. 842–843.) By these…