P. v. Smith CA4/1
Marquell Dion Smith appeals from the summary denial of a petition to vacate his first degree murder conviction under Penal Code section 1170.95. The trial court found Smith was not entitled to relief, as a matter of law, because the jury that convicted him of murder returned a true finding on a robbery-murder special-circumstance allegation associated with the murder charge. The special-circumstance finding meant the jury found that Smith: (1) was the actual killer; (2) aided and abetted in the commission of the murder with an intent to kill; or (3) aided and abetted in the commission of the robbery while acting as a major participant and with reckless indifference to human life. (§ 190.2, subds. (b)–(d).)
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