Montes

DISCUSSION

Appellant contends the trial court erred in summarily denying his petition for resentencing without ordering further briefing and without issuing an order to show cause. He argues

3 the trial court erred in concluding that the crime of attempted murder is categorically excluded from the purview of section 1170.95. Appellant also argues the trial court erred when it found appellant possessed the intent to kill. Finally, appellant argues the trial court improperly engaged in factfinding before issuing an order to show cause under section 1170.95, subdivisions (c) and (d)(1). For reasons discussed below, we reverse and remand with instructions. A. Applicable Law In 2018, the Legislature passed 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).) Senate Bill No. 1437 amended section 188 to require that a principal “shall…