In re Bennett

Petitioner Stephen Bennett is currently serving an indeterminate sentence of life without the possibility of parole following his conviction for first degree special circumstance murder while aiding and abetting a robbery. ( Pen. Code, § 190.2, subd. (a)(17)(A) ; all undesignated statutory references are to the Penal Code.) On direct appeal in 2010 we rejected his sufficiency of the evidence claim, and affirmed his conviction in a nonpublished opinion. ( People v. Stephen Joseph Bennett (Nov. 15, 2010, G041372) 2010 WL 4597436 [nonpub. opn.].)

In 2015, our Supreme Court decided People v. Banks (2015) 61 Cal.4th 788 , 189 Cal.Rptr.3d 208 , 351 P.3d 330 ( Banks ), and reaffirmed established law holding an aider and abettor of felony murder who lacks the intent to kill may be sentenced to a term of life without the possibility of parole only if he or she was a " 'major participant' " in the crime, and acted with "reckless indifference to human life." ( Id. at p. 798, 189 Cal.Rptr.3d 208 , 351 P.3d 330 .) In doing so, the court more closely analyzed the issue both in light of statutory amendments made to section 190.2 by Proposition 115 ( Banks, supra, 61 Cal.4th at p. 798 , 189…