People v. Valadez CA3

DISCUSSION

1. Legal Background Senate Bill 1437, which became effective on January 1, 2019, “amend[ed] 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).) The legislation amended sections 188 and 189 and added section 1172.6, which enables those defendants who could not be convicted under the amended law to apply for retroactive resentencing relief. (People v. Lewis (2021) 11 Cal.5th 952, 957.) Some appellate courts initially interpreted section 1172.6 to limit resentencing to those who had been convicted of murder, meaning those convicted of attempted murder or manslaughter were ineligible for relief. (See, e.g., People v. Cervantes (2020) 44 Cal.App.5th 884, 887; People v. Flores (2020) 44 Cal.App.5th 985, 992-994.) In October 2021, the Legislature responded by passing Senate Bill No. 775 (2021-2022 Reg. Sess.), which “[c]larifies that persons who were…