Purcell

A jury convicted defendant of first degree murder prosecuted solely on a felony-murder theory and, further, found true the special circumstance allegation that defendant committed the murder while engaged in the commission or attempted commission of a robbery within the meaning of Penal Code section 190.2, subdivision (a)(17). Thereafter the trial court sentenced defendant to state prison for the term prescribed by law, that being life without the possibility of parole.

Defendant’s contentions in this appeal are directed at challenging the jury’s true finding on the special circumstance allegation. We first address defendant’s claim that the trial court erred in failing to instruct the jury, sua sponte, on the meaning of the phrase “reckless indifference to human life” as used in Penal Code section 190.2, subdivision (d) and included in CALJIC No. 8.80.1, pursuant to which the trial court here instructed the jury in connection with the special circumstance allegation.

We conclude, for reasons explained below, the phrase “reckless indifference to human life” as used in Penal Code section 190.2, subdivision (d) and included in CALJIC No. 8.80.1 has a technical meaning…