People v. Rocha CA4/3

DISCUSSION

Senate Bill No. 1437 (2017-2018 Reg. Sess.), effective 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).) It accomplished that purpose by substantively amending sections 188 and 189 and adding section 1170.95, such that persons convicted of felony murder or murder under a natural and probable consequences theory could seek resentencing or to have the conviction vacated. (People v. Lewis (2021) 11 Cal.5th 952, 957, 959 (Lewis).)

All further statutory references are to the Penal Code.

2 In the couple of years after Senate Bill 1437’s enactment, appellate courts were virtually unanimous in concluding the resentencing relief afforded by the legislation was limited to murder convictions and did not extend to persons convicted of attempted murder or any type of manslaughter. (See, e.g., People v.…