People v. Robinson CA1/5

I. BACKGROUND

In 2009, appellant fired several shots at a rival group outside a restaurant, killing one of their members. He was convicted of second-degree murder with enhancements for personal use of a firearm and assault with a firearm. (§§ 187, subd. (a), 245, subd. (a)(2), 12022.5, subd. (a), 12022.53, subds.

Further references are to the Penal Code.

1 (b)–(d).) We affirmed the judgment in an unpublished opinion. (People v. Robinson (Oct. 8, 2013, A133703) [nonpub. opn.].) After the judgment in appellant’s case became final, the Legislature enacted Senate Bill 1437, which amended the law relating to accomplice liability for murder by eliminating the natural and probable consequences doctrine as a basis for finding an aider and abettor guilty of murder and by significantly narrowing the scope of felony-murder. (§§ 188, subd. (a)(3), 189, subd. (e)(3); People v. Gentile (2020) 10 Cal.5th 830, 842–843, (Gentile).) Section 188, subdivision (a)(3) now provides, “Except [for felony-murder liability] as stated in subdivision (e) of Section 189, in order to be convicted of murder, a principal in a crime shall act with malice aforethought. Malice shall not be imputed to a person…