People v. Ellis CA3

DISCUSSION

Defendant contends the trial court’s denial order must be reversed because, while his appeal was pending, the Legislature amended section 1170.95 to apply to the crime of attempted murder. The People argue defendant’s claim is not ripe for adjudication but acknowledges remand “may be appropriate” if we are inclined to apply the new legislation to defendant’s case. We agree with defendant and will remand the matter. Senate Bill No. 1437 (2017-2018 Reg. Sess.), which became effective on January 1, 2019, “amend[ed] 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 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.) It also added former section 1170.95, which allowed those convicted of felony murder or murder under the natural and probable consequences theory to petition the trial court to vacate and resentence the defendant. (Former § 1170.95, subd. (a).)…