Can a jury find a defendant guilty of first degree murder with robbery and burglary special circumstances?

California, United States of America


The following excerpt is from People v. Trout, E074623 (Cal. App. 2021):

Here, the jury found defendant guilty of first degree murder with robbery and burglary special circumstances. (People v. Trout, supra, E025443.) As this court noted in its prior opinion, section 190.2 provided that if the defendant was not the actual killer and did not have the intent to kill, he can receive death or life without parole only if he was a major participant' in the underlying felony and acted with reckless indifference to human life.' ( 190.2, subds. (c), (d).) (Ibid.) Defense counsel conceded at trial that defendant was a major participant in the robbery and burglary. Since the People conceded defendant was not the actual killer and did not have an intent to kill, the jury could only have rendered the special circumstance findings if it found that he had acted with reckless indifference to human life. (Ibid.)

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