Can a defendant be charged with robbery and first-degree burglary under section 190.2(d) of the California Penal Code?
MultiRegion, United States of America
The following excerpt is from Martinez v. Johnson, No. 2:16-cv-1302 MCE AC (E.D. Cal. 2020):
in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit" enumerated felonies including robbery and first-degree burglary. Cal. Penal Code 190.2(a)(17)(A)&(G).
The application of this special circumstance to aiders and abettors is governed by 190.2(d), which provides as follows:
Cal. Penal Code 190.2(d).
B. People v. Banks, 61 Cal.4th 788 (2015)
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