Is a defendant entitled to relief under section 1170.95 of the California Code of Civil Procedure for suffering from cruel and unusual punishment for participating in an armed robbery?
California, United States of America
The following excerpt is from People v. Bobo, B303305 (Cal. App. 2020):
the fact a defendant participates in an armed robbery is, by itself, insufficient to demonstrate he or she acted with reckless indifference to human life. (People v. Banks, supra, 61 Cal.4th at p. 809.) The question of whether the sentence was cruel or unusual does not necessarily equate to the question of whether a defendant is entitled to relief under section 1170.95, and it did not do so here.
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