People v. Achterberg CA2/6

DISCUSSION

Achterberg contends that the trial court erred when it summarily denied her petition for resentencing without appointing counsel and that she was prejudiced by the error. We conclude there was no prejudicial error. Senate Bill No. 1437 (2017-2018 Reg. Sess.) 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

3 participant in the underlying felony who acted with reckless indifference to human life. (Stats. 2018, ch. 1015, § 1, subd. (f).) It amended section 188, to require that a principal must act with malice aforethought, and malice can no longer “be imputed to a person based solely on [their] participation in a crime.” (§ 188, subd. (a)(3).) It also amended section 189 to require that for a felony murder conviction, the defendant must be: (1) the actual killer, (2) one who acted with the intent to aid, abet, counsel, command, induce, solicit, request, or assist the actual killer in the commission of murder in the first degree, or (3) a major participant…