P. v. Mackabee CA2/4
Appellant Marcel Maurice Mackabee appeals from the denial of his petition for resentencing under Penal Code section 1170.95. In 2013, a jury convicted appellant of felony murder and found true a robbery-murder allegation under section 190.2 (the special circumstance statute). The jury was not instructed on the special circumstance statute’s requirement that the defendant at least have been a major participant in the underlying felony and have acted with reckless indifference to human life. (See § 190.2, subds. (b)-(d).) We affirmed the judgment. (People v. Mackabee (June 20, 2014, B250143) 2014 Cal.App.Unpub. LEXIS 4355 (Mackabee I).)
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