People v. Oliver CA1/5

DISCUSSION

I. Legal Background

“Effective January 1, 2019, Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill No. 1437) significantly limited the scope of the felony-murder rule,” providing that “a defendant who was not the actual killer and did not act with the intent to kill can only be liable for murder if she was a major participant in the underlying felony and acted with reckless indifference to human life.” (People v. Guiffreda (2023) 87 Cal.App.5th 112, 122–123 (Guiffreda).) In addition, “[a] theory of direct aiding and abetting remains a valid theory after Senate Bill No. 1437.” (People v. Coley (2022) 77 Cal.App.5th 539, 546.) “Senate Bill No. 1437 also established a new procedure to allow defendants who could not have been convicted under the new law to petition the sentencing court to vacate their murder convictions and resentence them on any remaining counts.” (Guiffreda, supra, 87 Cal.App.5th at p. 122.) “If

2 Both parties request we take judicial notice of the record in

appellant’s prior appeal, No. A159606. We grant the requests. 3 The trial court initially summarily denied the petition, and this court

reversed and remanded. (People v. Oliver (Nov. 4,…