People v. Caraveo CA2/1

FACTS AND PROCEEDINGS BELOW

In 1991, Caraveo pleaded guilty to one count of second degree murder (§ 187, subd. (a)) and admitted that he was armed with a firearm in the commission of the offense (§ 12022, subd. (a)(1).) The trial court sentenced him to 16 years to life in prison. In 2018, the Legislature enacted Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill No. 1437), which abolished the natural and probable consequences doctrine in cases of murder and limited the application of the felony murder doctrine. (See People v. Gentile (2020) 10 Cal.5th 830, 842–843 (Gentile).) The legislation also enacted section 1170.95, which established a procedure for vacating murder convictions for defendants who could no longer be convicted of murder because of the changes in the law and resentencing those who were so convicted. (Stats. 2018, ch. 1015, § 4, pp. 6675–6677.) Caraveo filed a petition for resentencing under section 1170.95 on January 14, 2019. The prosecution filed an opposition arguing that Caraveo was ineligible for resentencing

1Subsequent unspecified statutory references are to the Penal Code.

2 because he directly aided and abetted the murder. In support of its…