People v. Thornton CA1/2

Filed 10/26/22 P. v. Thornton CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A160581

v. MARVIN DOUGLAS JOHNSON, (Mendocino County Super. Ct. No. SCUK CRCR 11-18259) Defendant and Appellant.

THE PEOPLE,

Plaintiff and Respondent,

A160566

v. SIMON THORNTON, (Mendocino County Super. Ct. No. SCUK CRCR 11-18259) Defendant and Appellant.

In 2018, the Legislature passed Senate Bill No. 1437 (2017-2018 Reg. Sess.) (S.B. 1437) “ ‘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, [and] was not a major participant in the underlying felony who acted with reckless indifference to human…