People v. Vasquez CA3

DISCUSSION

Defendant argues the trial court erred because it “prematurely engaged in the weighing of evidence” when it used the probation report, the Belmontes opinion, and the transcript from defendant’s parole hearing to determine he had not stated a prima facie case for relief. Defendant asks us to remand the case with directions to issue an order to

2 show cause and conduct an evidentiary hearing. The People agree that the trial court incorrectly considered documents that were not part of the record of conviction and could not be considered at the prima facie stage. We agree with the parties. Senate Bill No. 1437 (2017-2018 Reg. Sess.), which became effective on January 1, 2019, was enacted “to amend 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).)2 Senate Bill No. 1437 also added section 1170.95, which allows those “convicted of felony murder or murder…