People v. Fox CA5

BACKGROUND

Charges The Tulare County District Attorney charged Fox with committing murder while engaged in a robbery (Count 1; Pen. Code,1 §§ 187, subd. (a) & 190.2, subd. (a)(17)), robbery (Count 2; § 211), and conspiracy (Count 3; § 182). Counts 1 and 2 also included an allegation for personally discharging a firearm causing great bodily injury (§ 12022.53, subd. (d)). Evidence Several individuals, including Fox, planned to use a ruse to rob a marijuana dealer—the victim in this case. A meeting was set and, when Fox arrived with his cohort, he was armed with a firearm and entered the victim’s vehicle. The victim’s girlfriend was unexpectedly present in the vehicle. According to the victim’s girlfriend, Fox pointed the firearm at the victim and “demanded the marijuana.”2 She later denied this statement.3 A scuffle ensued between Fox and the girlfriend, and Fox shot the victim in the back, causing his death. Eventually, Fox and an accomplice ended up at a nearby park. A short while later, law enforcement encountered them, found the firearm, found marijuana, and interviewed them. In total, Fox provided three statements—one at the park, one at the police station, and one at…