Opinion
S256698
09-11-2019
PEOPLE v. GENTILE
The petition for review is granted. The issues to be briefed and argued are limited to the following: 1. Does the amendment to Penal Code section 188 by recently enacted Senate Bill No. 1437 eliminate second degree murder liability under the natural and probable consequences doctrine? 2. Does Senate Bill No. 1437 apply retroactively to cases not yet final on appeal? 3. Was it prejudicial error to instruct the jury in this case on natural and probable consequences as a theory of murder? The Reporter of Decisions is directed not to publish in the Official Appellate Reports the opinion in the above-entitled appeal filed May 30, 2019, which appears at 35 Cal.App.5th 932, 247 Cal.Rptr.3d 784. ( Cal. Const., art. VI, section 14 ; Cal. Rules of Court, rule 8.1125(c)(1).)
Votes: Cantil-Sakauye, C.J., Chin, Corrigan, Liu, Cuellar, Kruger and Groban, JJ.