People v. Satcher CA4/2

DISCUSSION

THE TRIAL COURT ERRED IN SUMMARILY DENYING DEFENDANT’S

SECTION 1172.6 PETITION

On appeal, defendant contends “the trial court erred in denying appellant’s 2023

petition on the basis that it was ‘already adjudicated’ ” The People “agree[] that the

superior court erred by failing to appoint counsel, and it also agrees the error was not

harmless under People v. Watson (1956) 46 Cal.2d 818.” For the reasons set forth post,

we reverse the trial court’s denial and remand the case for further proceedings.

A. LEGAL BACKGROUND

Senate Bill No. 1437 amended “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.” (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015.) Senate Bill No. 775

“expand[ed] . . . authorization to allow a person who was convicted of murder under any

theory under which malice is imputed to a person based solely on that person’s

participation in a crime.” (Stats. 2021, ch.…