People v. Thomas CA2/6

DISCUSSION

In 2018, the Legislature enacted Senate Bill No. 1437 (SB 1437), which “amend[ed] the felony murder rule and the natural and probable consequences doctrine, as it relates to murder.” (Stats. 2018, ch. 1015, § 1, subd. (f); §§ 188, 189; People v. Lewis (2021) 11 Cal.5th 952, 959 (Lewis).) Section 1170.95 was enacted as part of SB 1437 “to provide a procedure for those convicted of

2 felony murder or murder under the natural and probable consequences doctrine to seek relief.” (People v. Gentile (2020) 10 Cal.5th 830, 843; Lewis, at p. 959.) On October 5, 2021, the Governor approved SB 775, effective January 1, 2022. (Stats. 2021, ch. 551, § 2.) The new legislation amends subdivision (a) of section 1170.95 to read, in pertinent part: “[a] person convicted of . . . attempted murder under the natural and probable consequences doctrine . . . may file a petition with the court that sentenced the petitioner to have the petitioner’s . . . attempted murder . . . conviction vacated and to be resentenced on any remaining counts . . . .” (Stats. 2021, ch. 551, § 2.) Respondent concedes that pursuant to the amended section 1170.95, appellant “may be able to establish a prima facie…