P. v. Waters CA2/17
Kevin Christopher Waters petitioned the trial court seeking resentencing under Penal Code section 1170.95, alleging that he was not the actual shooter, that his murder conviction was based on the felony murder rule or murder under the natural and probable consequence doctrine, and that because of changes in the definition of murder promulgated by Senate Bill No. 1437, he could not now be convicted of first or second degree murder. The trial court denied the petition, finding that Waters would have been so convicted because he was a major participant in the robbery who acted with reckless indifference to human life during that offense. The People concur that the trial court erred, and the case should be remanded for the trial court to issue an order to show cause and to conduct an evidentiary hearing on his petition. We agree.
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