LWOP or Death Penalty OK If Defendant Knows Guns Involved?

In a petition for resentencing under Penal Code § 1170.95 (SB 1437), the judge must evaluate a conviction for murder under the new felony murder rule that narrows the scope of who can be so convicted in a felony that turns into a murder. What if an aider and abettor provides the actual killer with a gun to use in a grocery store robbery and cases the store the day before with the shooter? Is such conduct enough to make the defendant a major participant acting with reckless indifference later when the killing takes place? To read a summary of a recent 1437 petition on these facts and issues, please click on the following link – https://www.greghillassociates.com/lwop-or-death-penalty-ok-if-defendant-knows-guns-involved.html.

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