People v. Reta CA4/3

FACTS

We derive the following facts from a review of Reta’s preliminary hearing transcript which is part of the appellate record. On January 22, 2016, Reta was affiliated with a criminal street gang in south Orange County. That day he and two of his associates drove from San Juan Capistrano to San Clemente in search of a rival gang member. When they found victim John Doe, they believed he was such a rival. Reta then exited the vehicle, chased John Doe, and stabbed him in the back with a knife.

DISCUSSION

Effective January 1, 2019, Senate Bill No. 1437 (2017-2018 Reg. Sess., Senate Bill 1437) was enacted to limit the scope of the traditional felony murder rule. It also eliminated the natural and probable consequences theory for murder. (People v. Lewis (2021) 11 Cal.5th 952, 957.) Pursuant to Senate Bill 1437, murder liability can no longer be “imposed on a person who [was] not the actual killer, [who] did not act with the intent to kill, or [who] was not a major participant in the underlying felony who acted with reckless indifference to human life.” (Lewis, at page 959.) Senate Bill 1437 also added section 1170.95 (later renumbered § 1172.6), which created a procedure through…