People v. Medrano, 2019 WL 6487272 (Cal.App. 5 Dist.), 21 (Cal.App. 5 Dist., 2019)
Natural and probable consequences doctrine and attempted murder
The Fifth District Court of Appeal held that Senate Bill 1437 not only abrogated the natural and probable consequences doctrine to murder charges but attempted murder charges also. The Fifth District departed from decisions made by other Appellate Courts in People v. Lopez (2019) 38 Cal.App.5th 1087, review granted November 13, 2019, S258175, and People v. Munoz (2019) 39 Cal.App.5th 738 (Munoz), review granted November 26, 2019, S258234. However, it agreed with Lopez and Munoz that the petitioning process for re-sentencing added in section 1170.95 does not apply to attempted murder. Instead, the Court reviewed their claim under In re Estrada (1965) 63 Cal.2d 740, 48 Cal.Rptr. 172, 408 P.2d 948 and concluded defendants are entitled to relief on direct appeal. The Court reversed the judgments of conviction for attempted murder as to Medrano and Martinez.