In re Reese CA2/3
In 2004, a jury convicted petitioner Clarence Ervin Reese of first degree felony murder, attempted carjacking, and burglary, and found felony-murder special circumstance allegations true. Thereafter, in People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark), our California Supreme Court clarified under what circumstances a Penal Code section 190.2 special circumstance may be found true when the defendant is not the actual killer. Reese petitioned this court for a writ of habeas corpus, and we issued an order to show cause. We now conclude that the evidence was insufficient to prove Reese acted with reckless indifference to human life, and the special circumstance findings must be reversed.
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