Does section 190.2 of the California Code of Criminal Procedure apply to a defendant convicted of the "commission of the commission of" a robbery or burglary?

California, United States of America


The following excerpt is from People v. Miller, D067451 (Cal. App. 2015):

commission of" a robbery or burglary. ( 190.2, subd. (a)(17)(A), (G).) Section 190.2, however, limits the imposition of both the death penalty and, as relevant here, a sentence of life without the possibility of parole, when the defendant is an accomplice to the felony and not the actual killer. In this circumstance the prosecution is required to " 'show that the [defendant] had intent to kill or acted with reckless indifference to human life while acting as a major participant in the underlying felony. ( 190.2, subds. (c), (d).)' " (People v. Hodgson (2003) 111 Cal.App.4th 566, 578 (Hodgson).)

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