In a Penal Code section 1172.6 proceeding, the Court of Appeal agreed with appellant’s argument that substantial evidence did not support the trial court’s finding that he acted with reckless indifference to human life during a robbery in which a codefendant shot and killed the victim. The court found that appellant planned a “garden-variety armed robbery,” did not know those he was with would use lethal force, took steps to minimize the risk of violence, and had no meaningful opportunity to restrain the shooter during the brief and unexpected deadly encounter. The Court of Appeal reversed the order denying the petition and remanded with directions to vacate the voluntary manslaughter conviction and the attached firearm use enhancement and to resentence appellant on the remaining charges.
Panel Victories
