Does the question of whether a defendant was a major participant in the underlying felony and acted with reckless indifference to human life apply only to defendants convicted of felony murder?

California, United States of America


The following excerpt is from People v. Binns, B297560 (Cal. App. 2020):

The question of whether a defendant was a "major participant in the underlying felony and acted with reckless indifference to human life" is relevant only to defendants convicted of felony murder. ( 189, subds. (a) & (e); People v. Lopez (2019) 38 Cal.App.5th 1087, 1103, fn. 9, review granted Nov. 13, 2019, S258175 [whether a defendant acted as a "major participant in [the] underlying felon[y] and acted with reckless indifference to human life" applies "solely in the context of the felony-murder rule" and is irrelevant to a conviction under the natural and probable consequences doctrine].)

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