In re Miller
Annotate this CasePetitioner was convicted of first degree felony murder of Rene Franco and second degree robbery of Ana Saravia. Petitioner was convicted of murder for aiding and abetting an associate who shot Franco after snatching Saravia's purse. The Court of Appeal held that the evidence was insufficient to support the jury's special circumstance finding that the killing occurred in the commission of a robbery. The court explained that under People v. Banks, 61 Cal. 4th 788, and People v. Clark, 63 Cal.4th 522, the evidence of defendant's individual culpability was insufficient to support the special circumstance finding that resulted in a sentence of life in prison without the possibility of parole. The court also held that, because the Federal Constitution required reversal of the special circumstance finding against defendant, the Attorney General's procedural arguments could be no match for the United States Constitution's demands. Accordingly, the court vacated the robbery-murder special circumstance allegation and remanded.
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