What is the sentence for a defendant convicted of first degree murder with at least one special circumstance?

California, United States of America


The following excerpt is from People v. Martinez-Costa, C076567 (Cal. App. 2018):

"A defendant convicted of first degree murder with at least one special circumstance found true will be sentenced to either death or life imprisonment without the possibility of parole. (Pen. Code, 190.2 . . . .) One of these special circumstances is the felony-murder special circumstance under which a murder occurred during the commission or attempted commission, or the immediate flight after commission, of one of eleven specified felonies. ( 190.2, subd. (a)(17)(i-xi).) A felony-murder special circumstance is applicable to a defendant who is not the actual killer if the defendant, either with the 'intent to kill' ( 190.2, subd. (c)), or 'with reckless indifference to human life and as a major participant, aids, abets, counsels, commands, induces, solicits, requests, or assists in the commission of [one of the eleven enumerated felonies].' ( 190.2, subd. (d) . . . .)" (People v. Estrada (1995) 11 Cal.4th 568, 571-572, original italics.)

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