People v. Mark CA1/3

BACKGROUND

In April 2004, the Contra Costa County District Attorney filed an information alleging Mark committed a number of crimes, including attempted murder. In June 2005, Mark pleaded no contest to attempted murder (§§ 187, 664), admitted three prison priors (§ 667.5, subd. (b)), and admitted a prior strike and serious felony (§§ 667, subds. (a)(1), (b)-(i)). All remaining counts and allegations were dismissed. In July 2005, the trial court sentenced Mark to an aggregate prison term of 22 years. In January 2020, Mark, representing himself, filed a form petition for resentencing under former section 1170.95. He refiled his form petition in October 2020 and the court appointed counsel. In April 2021, the trial court summarily denied the petition on the basis that Mark was ineligible for relief because he had been convicted of attempted murder, not murder. A timely appeal ensued.

DISCUSSION

In 2018, the Legislature enacted Senate Bill No. 1437 (2017-2018 Reg. Sess.), adding sections 188 and 189, for the purpose of amending “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…