People v. Wilson CA4/2

BACKGROUND

In 2011, a jury found defendant guilty of offenses related to robbery of a business,

including attempted murder stemming from shooting the business owner in the forehead.

It also found true a corresponding section 12022.53, subdivision (d) personal use firearm

enhancement. The trial court sentenced him to a prison term of 50 years to life on

account of the shooting (25 years to life for the attempted murder plus 25 years to life for

the firearm enhancement). Defendant appealed his conviction to this court and we

affirmed. (People v. Wilson (Nov. 27, 2012, E054550) [nonpub. opn.].)

On January 1, 2019, Senate Bill No. 1437 became effective. (Stats. 2018,

ch. 1015.) That measure amended sections 188 (defining malice) and 189 (defining

degrees of murder) to limit the reach of the felony murder rule in cases of first and

second degree murder and eliminated the natural and probable consequences liability for

murder. (Stats. 2018, ch. 1015.) The bill also added section 1172.6, which creates a

procedure for convicted persons who could not be convicted under the statutes as

amended to retroactively obtain relief. In 2021, the Senate amended the statute to…