People v. Reyna CA2/6

DISCUSSION

Reyna contends the trial court erred when it summarily denied the petition without issuing an order to show cause. We agree. Senate Bill No. 1437 (2017-2018 Reg. Sess.) amended the felony murder and the natural and probable consequences doctrines 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); People v. Gentile (2020) 10 Cal.5th 830, 842 (Gentile).) The Legislature added section 188, subdivision (a)(3), to state that with the exception of felony murder under section 189, subdivision (e), “a principal in a crime shall act with malice aforethought. Malice shall not be imputed to a person based solely on his or her participation in a crime.” (§ 188, subd. (a)(3); Stats. 2018, ch. 1015, § 2.) The Legislature also amended section 189, subdivision (e), to require that to be convicted of felony

3 murder, a defendant must be the actual killer, an aider or abettor to the murder and acted with the intent to kill, or “a major participant in the underlying…