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).)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.