In this second automatic death penalty appeal, the Court rejected appellant’s penalty phase arguments. Reappointment of trial counsel was not a critical stage such that defendant had a right to be present. Additionally, defendant was not entitled to a Marsden hearing requested by his appellate counsel, who argued trial counsel had been ineffective.

Specific to the guilt phase, defendant’s challenges to the felony-murder special circumstance finding failed because, at the time of his trial, the felony-murder special circumstance allegation already required factual findings of major participation and reckless indifference.

The full opinion is on the court’s website here: https://www4.courts.ca.gov/opinions/documents/S212159.PDF