People v. Gibbs CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Conviction and Sentencing

In 2003, a jury convicted defendant of attempted first degree murder (§§ 187, subd. (a); 664). The jury found true, among other allegations, that defendant personally and intentionally discharged a firearm that proximately caused bodily injury (§ 12022.53, subds. (b), (c), (d)). The trial court sentenced defendant to life with the possibility of parole for the attempted murder, plus 25 years for the firearm allegation. On direct appeal, we affirmed the conviction. (See People v. Gibbs (Sept. 9, 2004, B170437) [nonpub. opn.].)

II. Section 1172.6 Petition

On September 30, 2018, the Governor signed Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Sen. Bill 1437) in order 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 participant in the underlying felony who acted with reckless indifference to human life.” (Stats. 2018, ch. 1015, § 1, subd. (f).) Sen. Bill 1437 also added section 1172.6, subdivision (a), creating…