In re Avila CA2/3
Petitioner Hector Avila participated in planning a robbery during which his accomplice killed Ernesto Flores. In 1998, a jury found Avila guilty of special circumstance felony murder, and the trial court sentenced him to life without the possibility of parole (LWOP). Banks set forth factors to consider when determining whether a person has acted with reckless indifference to human life and as a major participant, under the special circumstance statute, Penal Code section 190.2, subdivision (d). Relying on Banks, Avila petitioned this court for a writ of habeas corpus, but we summarily denied the petition. Our California Supreme Court then granted Avila’s petition for review and directed us to issue an order to show cause why Avila is not entitled to relief. We now conclude that Avila is entitled to relief.
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