In re Owens CA3
A jury found defendant Kenneth Oliver Owens, Jr., guilty of murder in 2011 based on his participation in a robbery in which a cohort shot and killed a victim. The jury also found true a felony-murder special circumstance. (Pen. Code, § 190.2, subd. (a)(17).) In this petition for a writ of habeas corpus, defendant challenges the validity of the special circumstance, arguing that substantial evidence does not support that he was a major participant in the robbery who acted with reckless indifference to human life. We agree, in part, and grant the petition.
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