P. v. DelCambre CA2/7
Damon DelCambre, convicted in 2003 of first degree murder with a true finding the murder had been committed during the course of a 1994 bank robbery, appeals the superior court’s denial of his petition for resentencing pursuant to Penal Code section 1170.95 without issuing an order to show cause and holding an evidentiary hearing to determine his eligibility for relief. We agree the superior court erred in holding DelCambre’s petition was precluded as a matter of law by the jury’s felony-murder special-circumstance finding, made more than a decade before the Supreme Court’s identification in People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark) of the factors properly considered to assess whether a defendant had been a major participant in an underlying serious felony and acted with reckless indifference to human life.
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