P. v. Harris CA2/4
After participating in a gang-related drive-by shooting, appellant Kevaughn Harris was convicted of one count of murder and three counts of attempted murder. In affirming his convictions, we noted he had been the driver, but did not address the underlying theories of liability or otherwise clarify his role in the shooting. (People v. Harris (Aug. 15, 2006, No. B181957) Cal.App.Unpub. LEXIS 7115.) Years later, Senate Bill No. 1437 (2017-2018 Reg. Sess.) (SB 1437) imposed new limits on two theories of murder liability, viz., the natural and probable consequences doctrine and the felony murder rule. SB 1437 also enacted Penal Code section 1170.95 (Section 1170.95), creating a procedure for defendants convicted of murder under these newly limited theories to petition for postconviction relief. Appellant filed a petition under Section 1170.95 for relief from his four convictions, and requested the appointment of counsel.
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