People v. Morris

Summary

The court held that a nonkiller participant is liable under Penal Code section 189, subdivision (e)(2) only if, with intent to kill, the participant aided or abetted the actual killer in the lethal act itself, not merely in the underlying felony. Because the record established intent to kill and assistance in the underlying felonies but did not conclusively establish assistance in the lethal act, Morris was not categorically barred from making a prima facie showing for resentencing relief. The court reversed and remanded for reconsideration of the remaining eligibility issues.