In re Bennett
Annotate this CasePetitioner Stephen Bennett is currently serving an indeterminate sentence of life without the possibility of parole following his conviction for first degree special circumstance murder while aiding and abetting a robbery. In 2015, the California Supreme Court decided California v. Banks, 61 Cal.4th 788 (2015), and reaffirmed established law holding an aider and abettor of felony murder who lacks the intent to kill may be sentenced to a term of life without the possibility of parole only if he or she was a “‘major participant’” in the crime, and acted with “reckless indifference to human life.” In 2016, the California Supreme Court revisited the issue in California v. Clark, 63 Cal.4th 522 (2016). Where Banks focused its analysis more on the “‘major participant’” requirement, Clark more closely examined the “reckless indifference to human life” factor. Relying on Banks, Bennett filed a petition for writ of habeas corpus in the Supreme Court challenging the sufficiency of the evidence supporting the jury’s robbery special circumstance finding. The Court of Appeal reviewed the record in light of both Banks and Clark, and re-examined aider and abettor culpability along the "Enmund-Tison" spectrum. The Court found find that even though Bennett’s actions were essential to and instrumental in setting up the robbery, under Enmund there was not substantial evidence showing Bennett was a “‘major participant’” in the robbery. Similarly, the Court found that under Tison, Banks and (particularly) Clark, there was insufficient evidence Bennett acted with the necessary “reckless indifference to human life.” Accordingly, the Court granted the petition for writ of habeas corpus, vacated Bennett’s life without possibility of parole sentence, and remanded the matter to the trial court for resentencing.
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