People v. Stewart CA3

DISCUSSION

Defendant asserts, and the People agree, that he is entitled to seek relief under section 1170.95 for his manslaughter conviction in light of recent amendments made through Senate Bill 775 (2021-2022 Reg. Sess.). We agree and will remand the case for further proceedings. In light of this conclusion, we need not address defendant’s additional arguments. 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.’ ” (People v. Gentile (2020) 10 Cal.5th 830, 842, quoting Stats. 2018, ch. 1015, § 1, subd. (f), abrogated on other grounds by Sen. Bill 775.) The bill also “added section 1170.95 to provide a procedure for those convicted of felony murder or murder under the natural and probable consequences doctrine to seek relief . . . .” (Gentile, at p. 843.) On January 1, 2022, while this case was pending on…