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Name: People v. Hearn
Case #: F034832
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/04/2002
Subsequent History: Rev. denied 5/1/02. Depublished. Opinion withdrawn by order of court. Reh. denied 2/27/02 and modified opinion (no change in judgment.

The phrase “major participant” in Penal Code section 190.2, subdivision (d) for purposes of felony murder special circumstances is not unconstitutionally vague. A major participant is one who is directly involved in the commission of the felony by being present at the crime scene and who somehow had a planned role in, or helping to effect, the successful completion of the felony. Also, there was sufficient evidence that defendant was a major participant even though the jury rejected allegations that he was the shooter, had a gun, or entered the liquor store which was robbed. From the evidence, the jury could reasonably conclude he was outside the store waiting to enter to assist in subduing the clerk, but was thwarted in his effort when his accomplice shot the clerk and ran away.