People v. Castro CA2/8
Opinion
Opinion
Stratton, J.
BACKGROUND
A. Senate Bill No. 1437 The Legislature passed Senate Bill No. 1437 in 2018 to “amend the felony murder rule and the natural and probable consequences doctrine, . . . to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with
3 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 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).) Senate Bill No. 1437 enacted Penal Code section 1170.95 to provide a mechanism by which defendants convicted under abrogated theories of liability may petition to have the court vacate their murder conviction and conduct a resentencing hearing, if necessary. This procedure includes an evidentiary hearing at which the prosecutor bears the burden of proving beyond a reasonable doubt that the defendant is guilty of murder under the law in effect as of January 1, 2019. (§ 1170.95, subd. (d).)