People v. Hall CA4/1

DISCUSSION

Senate Bill No. 1437 (2017-2018 Reg. Sess.) was enacted 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. Martinez (2019) 31 Cal.App.5th 719, 723.) Section 1170.95 was enacted to provide a mechanism for those previously convicted of first or second-degree murder on a now improper theory of liability, to seek resentencing of their murder convictions where appropriate. The section does not provide a mechanism for persons who pleaded guilty to manslaughter to avoid the potential of conviction for murder. Hall claims there is an ambiguity in the statute and there should be an implied inclusion for persons convicted of manslaughter and to find otherwise would not only be absurd but would deny equal protection. As we have noted, Hall acknowledges the unanimous rejection of the arguments he now makes. He dismisses the appellate…