People v. Munguia CA4/1

DISCUSSION

Senate Bill No. 1437 (Stats. 2018, ch. 1015) (Senate Bill 1437) 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.” (People v. Gentile (2020) 10 Cal.5th 830, 842.) The legislation modified sections 188 and 189 to modify the manner in which malice aforethought is to be proved. The act also created section 1170.95 to provide an opportunity for persons already convicted of murder to seek resentencing if their convictions were on a now impermissible theory of liability for murder. (People v. Lewis (2021) 11 Cal.5th 952.) Section 1170.95, subdivision (c) provides: “The court shall review the petition and determine if the petitioner has made a prima facie showing that the petitioner falls within the provisions of this section. If the petitioner has requested counsel, the court shall appoint counsel to represent the petitioner. The prosecutor shall file and serve a response…