In re Tyrone A. Miller On Habeas Corpus

*963 In August 2002, a jury convicted petitioner Tyrone A. Miller (defendant) of the first degree felony murder of Rene Franco (Franco) ( *964 Pen. Code, § 187, subd. (a) ) 1 and the second degree robbery of Ana Saravia (Saravia) (§ 211). Defendant was not the person who shot Franco, nor was he present at the scene when the shooting occurred; instead, he was convicted of murder for aiding and abetting an associate who shot Franco after snatching Saravia's purse. The jury found the killing occurred in the commission of a robbery within the meaning of section 190.2, subdivision (a)(17)(A)-a "special circumstance" that required a sentence of life in prison without the possibility of parole (§ 190.2, subd. (d)). Years later, our Supreme Court decided People v. Banks (2015) 61 Cal.4th 788 , 189 Cal.Rptr.3d 208 , 351 P.3d 330 ( Banks ) and People v. Clark (2016) 63 Cal.4th 522 , 203 Cal.Rptr.3d 407 , 372 P.3d 811 ( Clark ), which discuss when section *693 190.2 authorizes a special circumstance life without parole sentence for a felony-murder defendant convicted as an aider and abettor. We consider whether Banks and Clark , which explain what it means for an aiding and abetting…