P. v. Player CA2/1
Defendant Marcus William Player appeals from the trial court’s order denying his petition under Penal Code section 1170.95 to vacate his conviction for felony murder. Defendant contends the trial court improperly relied on evidence from a co-defendant’s trial to find defendant was a major participant in the underlying felony and acted with a reckless indifference to life. Based on the trial court’s comments at the evidentiary hearing, we conclude the challenged evidence was not in fact essential to the trial court’s ruling, but merely reinforced a finding the trial court already had reached based on other evidence. In short, the trial court made clear it would make the same finding even without the evidence from the co-defendant’s trial.
Accordingly, we affirm.
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