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Name: Murder--Banks/Clark

The Court of Appeal held that appellant’s murder conviction and robbery-murder special-circumstance finding must be reversed for lack of sufficient evidence. Appellant was not the actual killer and there was no evidence he had the intent to kill. The fact that appellant planned an armed robbery of two participants in a drug deal involving a large sum of money without taking steps to minimize the risk of violence was insufficient to support a finding that he acted with reckless indifference to human life. The court remanded the matter for resentencing.