People v. Calhoun CA4/3

Filed 5/31/23 P. v. Calhoun CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G061922

v. (Super. Ct. No. 10CF3107)

JONATHAN MARKAYE CALHOUN, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Kimberly Menninger, Judge. Affirmed. Laura Vavakin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

1 This is another of the burgeoning Wende filings occasioned by recent legislative changes that are, not surprisingly, confusing to people who have not received a legal education. In 2019, in an attempt to make California law regarding murder more reflective of actual culpability, our Legislature effectively renounced the theories of “felony murder” and “reasonable and probable consequences liability” for murder and attempted murder. It provided that people previously convicted could petition to have their cases reviewed and relief granted if either of those theories was employed against them and the facts of their case would not support a murder or attempted murder conviction without resort to those theories. First, the Legislature eliminated the natural and probable consequences theory for that crime by providing that “[m]alice shall not be imputed to a person based solely on his or her participation in a crime.” (Pen. Code, § 188, subd. (a)(3) 2.) Second, it reined in the felony murder rule so that it can only be applied to nonkillers if they aided and abetted the killer in committing first degree murder, or they were a major participant in the underlying felony and acted recklessly indifferent to human life. (§ 189, subd. (e).) It also provided that people whose conviction preceded enactment of these changes could petition a court to review their cases and grant them relief if one of those theories was employed against them and they could not be convicted without reliance on them. Appellant pled guilty in 2014 to charges of attempted murder with two strike priors and a serious felony prior. He also admitted he had personally discharged a firearm and caused great bodily injury. He was sentenced to 25 years in prison. The convictions were affirmed on appeal.