Apr. 12, 2023 – People v. Oliver (1st Dist., Div. 1, A161773)

In a PC 1172.6 case, the Court of Appeal affirms the trial court’s finding, made following a PC 1172.6(d)(3) hearing, that appellant was a major participant who acted with reckless indifference to human life. The court reasons that appellant’s dominating presence at the scene helped facilitate the robbery/burglary, that appellant knew it was likely the actual killer would use lethal force, and that appellant “did nothing to minimize this grave risk of death.” In conducting its analysis, the Court of Appeal defers to the trial court’s credibility findings, rejecting appellant’s argument that it should review the record independently.