People v. Vasquez CA2/5

DISCUSSION

Legal Principles

Section 1170.95, which was added to the Penal Code through the enactment of Senate Bill 1437, created a petitioning process by which a defendant convicted of murder under a felony murder or natural and probable consequences theory of liability

1All further statutory references are to the Penal Code unless otherwise indicated.

2 The Supreme Court denied Vasquez’s request to expand the issues on review as moot.

2 could petition to have his or her conviction vacated and be resentenced. (§ 1170.95, subd. (a).) As relevant here, Senate Bill 775 amended section 1170.95 to clarify that “persons who were convicted of attempted murder . . . under . . . the natural and probable consequences doctrine are permitted the same relief as those persons convicted of murder under the same theor[y].” (Stats. 2021, ch. 551, § 1, subd. (a).) Pursuant to section 1170.95, as amended by Senate Bill 775, a petitioner must submit a declaration stating that he or she meets the requirements of the statute as set forth in subdivision (a), including that “(1) [a] complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under…