People v. Estrada CA2/4

INTRODUCTION

Appellant Erica Michelle Estrada appeals from the trial court’s denial of her petition under Penal Code section 1170.95 to vacate her murder conviction.1 In 2013, a jury convicted appellant of felony murder and found true a robbery-murder allegation under section 190.2 (the special circumstance statute). During the pendency of appellant’s direct appeal, our Supreme Court clarified the meaning of the special circumstance statute in People v. Banks (2015) 61 Cal.4th 788 (Banks). We affirmed the judgment, holding, inter alia, that the special circumstance finding was supported by substantial evidence under Banks. (People v. Gonzalez (2016) 246 Cal.App.4th 1358 (Gonzalez I).) Our Supreme Court granted review on an issue immaterial to this appeal, and affirmed. (People v. Gonzalez (2018) 5 Cal.5th 186 (Gonzalez II).) After the enactment of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (SB 1437), which narrowed the felony murder rule by incorporating the special circumstance statute’s

1 Undesignated statutory references are to the Penal Code.

2 requirement that the defendant at least have been a major participant in the underlying felony and have acted with reckless…