Does Section 190.2, subdivision (a)(1) of the California Criminal Code apply to a person convicted of first degree murder for financial gain?

California, United States of America


The following excerpt is from People v. Henry, A158921 (Cal. App. 2021):

Section 190.2 sets forth special circumstances that subject a person convicted of first degree murder to a punishment of death or life imprisonment without the possibility of parole. The special circumstance in section 190.2, subdivision (a)(1) applies when "[t]he murder was intentional and carried out for financial gain." ( 190.2, subd. (a)(1); see People v. Freeman (1987) 193 Cal.App.3d 337, 339 [construing 1978 version of 190.2, which included identical language in subd. (a)(1)].)

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