In re Ramirez CA2/2
In 2003, petitioner Raymond Salvador Ramirez was convicted of first degree murder with a felony-murder special circumstance finding (Pen. Code, § 190.2, subds. (a)(17), (d)), and sentenced to state prison for life without the possibility of parole (LWOP). Recently, in People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark), our Supreme Court explained the requirements for a special circumstance finding as to an aider and abettor of felony-murder. In April 2017, petitioner filed a petition for writ of habeas corpus, claiming the special circumstance finding against him is not supportable under Banks and Clark. We agree and accordingly grant the petition.
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