People v. Sardin CA2/5

DISCUSSION

Legal Principles

“Murder is the unlawful killing of a human being with malice aforethought. (§ 187, subd. (a).) ‘ “Under the felony- murder doctrine as it existed at the time of [Sardin’s] trial, ‘when

2 The record does not reflect whether the People filed a response or defense counsel filed a reply and does not contain a reporter’s transcript of the hearing to determine prima facie eligibility.

3 the defendant or an accomplice kill[ed] someone during the commission, or attempted commission, of an inherently dangerous felony,’ the defendant could be found guilty of the crime of murder, without any showing of ‘an intent to kill, or even implied malice, but merely an intent to commit the underlying felony.’ [Citation.] Murders occurring during certain violent or serious felonies were of the first degree, while all others were of the second degree. [Citations.]” [Citations.]’ (People v. Wilson (2023) 14 Cal.5th 839, 868.)” (People v. Bodely (2023) 95 Cal.App.5th 1193, 1199.) Effective January 1, 2019, the Legislature enacted Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Stats. 2018, ch. 1015; Senate Bill 1437) “ ‘to amend the felony murder rule and the natural and…