What is the test for reckless indifference to human life for a felony-murder aider and abettor?

California, United States of America


The following excerpt is from People v. Carrillo, 2d Crim. No. B298931 (Cal. App. 2020):

defendant's participation in an armed robbery was insufficient to "demonstrate reckless indifference to human life" because "[t]here is no evidence from which it reasonably can be inferred [defendant] harbored a willingness to kill[;] or to assist his confederates in killing, to achieve the goal of robbing someone[;] or that he anticipated the potential for loss of human life beyond that usually accompanying an armed robbery." (See also People v. Clark (2016) 63 Cal.4th 522, 623 [evidence insufficient to support special circumstances allegation because "there appears to be nothing in the plan [to commit armed robbery] that one can point to that elevated the risk to human life beyond those risks inherent in any armed robbery"]; Id. at p. 617 ["while the fact that a robbery involves a gun is a factor beyond the bare statutory requirements for first degree robbery felony murder, this mere fact, on its own and with nothing more presented, is not sufficient to support a finding of reckless indifference to human life for the felony-murder aider and abettor special circumstance"].)

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