Appellant was the getaway driver for a robbery of a market during which one of his coparticipants shot and killed the market-owner. A citizen followed the coparticipants as they ran back to the car, and appellant yelled, “Shoot him.” A coparticipant fired a shot, but the citizen was not hit. The Court of Appeal finds sufficient evidence to support the trial court’s finding at a PC 1170.95(d)(3) hearing that appellant was a major participant under PC 189(e). The court reasons appellant’s “shoot him” statement showed that he was aware his coparticipants were armed and that he had a role in directing the robbery.
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