Does the Attorney General have any basis to argue that the Defendant was a major participant in the underlying felony?

California, United States of America

The following excerpt is from People v. Miller, A159345 (Cal. App. 2021):

Defendant asserts the trial court did not engage in independent fact finding, but rather effectively employed a substantial evidence standard. The Attorney General maintains the trial court did make findings, guided by the principles in People v. Banks (2015) 61 Cal.4th 788 (Banks), that defendant was a major participant in the underlying felony and also acted with reckless indifference to human life, and therefore properly denied the resentencing petition.

The pertinent parts of the record are as follows:

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Does the Attorney General have any basis to argue that the Defendant was a major participant in the underlying felony?

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