People v. Jeffries CA2/2

DISCUSSION

Appellant contends the trial court’s denial of his resentencing petition without appointing counsel or affording him an opportunity to file a reply to the People’s opposition “erroneously denied [him] the assistance of counsel and a fair hearing under section 1170.95 and the state and federal Constitutions.” Although the trial court erroneously failed to appoint counsel, we conclude the error was harmless. 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; People v. Martinez (2019) 31 Cal.App.5th 719, 723.) To accomplish this objective, the Legislature substantively amended sections 188 and 189, and added section 1170.95, which provides a procedure for seeking retroactive relief to persons previously convicted of murder under a felony murder or natural…