People v. Nguyen CA4/1

DISCUSSION

I Parole Senate Bill No. 1437, effective January 1, 2019, 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

The facts of the underlying offense, which are not relevant to the issues raised in this appeal, are set forth in Nguyen’s prior appeal, People v. Nguyen (Oct. 6, 2003, H019727) [nonpub. opn.]. In a prior order, the court granted Nguyen’s request to take judicial notice of this opinion. (Evid. Code, §§ 452, subd. (a), 459.)

3 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).) Senate Bill No. 1437 amended sections 188 and 189, statutory provisions governing malice and the degrees of murder, and added section 1170.95. (Stats. 2018, ch. 1015, §§ 2-4.) Section 1170.95 allows a person convicted of felony murder or murder under a natural and probable consequences theory to petition their sentencing courts to vacate their murder convictions and be resentenced on any…