People v. Valdivia CA4/1

DISCUSSION

A. Request for Judicial Notice The Attorney General requests the court take judicial notice of our records in case No. D057386 because those records were not before the trial court and are therefore not part of our record on this appeal. In order for the Attorney General to be able to argue harmless error, the record would have to be augmented. The respondent did not request the record to be augmented early in the briefing and, thus, Valdivia has not had access to the full record, which is lengthy. Importantly, the trial court never considered the record of conviction since no briefing was received. We decline to take judicial notice of a lengthy record at this late stage in the proceedings. As we will explain below, we think the better way to deal with the premature denial of the petition is to remand the case so that the parties and the trial court can have the benefit of a full record. B. Legal Principles Effective January 1, 2019, Senate Bill No. 1437 (Stats. 2018, ch. 1015) (Senate Bill 1437) eliminated liability for murder under the felony murder and natural and probable consequences doctrines. (§§ 188, subd. (a)(3) & 189, subd. (e); People v. Anthony (2019) 32…