Freeman

The single issue presented in this appeal is whether a person who hires another to kill a human being is subject to the special circumstance finding under Penal Code section 190.2 subdivision (a)(1) that the murder was intentional and carried out for financial gain even if the hirer is not himself shown to be financially motivated. We conclude the answer is yes and affirm.

Appellant was convicted of first degree murder (§§ 187, 189) upon his plea of nolo contendere. He subsequently made appropriate waivers of a jury trial and submitted the issue of the truth of the charged special circumstance on the preliminary hearing transcript. The prosecution agreed not to request the death penalty. Both parties stipulated the killer, Sidney Bruster, carried out the murder of appellant’s wife for Bruster’s financial gain.

The trial court found the special circumstance that the murder was intentional and committed for financial gain to be true. The court expressly stated the finding was based solely on the financial gain to be received by the killer who appellant aided and abetted and not on any financial benefit acquired by appellant. The only evidence introduced at the preliminary…