People v. Bradley
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Defendants and Glass attempted to rob L.V. and Poblete, while they were waiting to purchase marijuana. During that robbery, Poblete was shot and killed. Defendants were charged with murder and attempted second-degree robbery. The information alleged felony-murder special circumstance allegations and personal gun use allegations. During their trial, Senate Bill 1437, amended Penal Code section 189(e)(3) to provide that a defendant who was not the actual killer and did not have an intent to kill is not liable for felony murder unless he “was a major participant in the underlying felony and acted with reckless indifference to human life.” The defendants were recharged with murder, removing all reference to the attempted robbery. The court granted the defendants a mistrial.
Glass took a plea deal and testified at a second trial that he and the defendants had guns. A jury convicted defendants of felony murder. The court sentenced them to 25 years to life. The court of appeal affirmed, rejecting arguments that the evidence was insufficient to establish the defendants acted with the “reckless indifference to human life” required for felony murder and that the trial court erred by failing to instruct on robbery as a lesser included offense to felony murder.
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