People v. Monroy CA4/3

FACTS

“Because this appeal concerns only issue[s] of law, we need not review the facts in any detail. A full recitation of the facts can be found in Monroy I. Suffice to say that defendant was one of three men who kidnapped, assaulted, and shot one of the victims, which led to the attempted murder charge relevant here.” (Monroy II, supra,

G058919.)

1 Subsequent statutory references are to the Penal Code unless otherwise indicated. 2 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10).

2 II

DISCUSSION

As we discussed in Monroy I, the Legislature adopted Senate Bill No. 1437 (2017-2018 Reg. Sess.) (SB 1437), which amended sections 188 and 189. The goal of SB 1437 was to change 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.” (Stats. 2018, ch. 1015, § 1, subd. (f); see § 189, subd. (e).) SB 1437 also created former section…