People v. Banks

Opinion

WEEDEGAR, J.

In 1990, the voters passed Proposition 115, which adopted a wide range of criminal justice reforms, including extending death penalty eligibility to “major participants]” in felony murders. (Pen. Code, § 190.2, subd. (d) (section 190.2(d)), added by initiative, Primary Elec. (June 5, 1990) Prop. 115, § 10; see Raven v. Deukmejian (1990) 52 Cal.3d 336, 342-345 [276 Cal.Rptr. 326, 801 P.2d 1077].) The issue before us is under what circumstances an accomplice who lacks the intent to kill may qualify as a major participant so as to be statutorily eligible for the death penalty.

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