People v. Gary CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

A. The underlying crimes In June 1989, defendant and Richard Henry Ponton (Ponton) robbed an Arco gas station in Redondo Beach, California. The station manager was shot four to six times, and

All further statutory references are to the Penal Code unless otherwise indicated.

We draw these facts from our prior unpublished appellate opinion in People v. Gary (Jan. 13, 2022, B310296), which was drawn in turn from our prior unpublished opinion affirming defendant’s convictions (People v. Gary (Mar. 26, 1993,

B055726)).

2 died from his wounds. Defendant and Ponton made away with $2,500. B. Prosecution, conviction and appeal A jury convicted defendant (and Ponton) of second-degree robbery (§ 211) and the murder of the station manager (§ 187). The jury also found true the special circumstance allegation that defendant committed the murder during the course of the robbery (§ 190.2, subd. (a)(17)). As to both crimes, the jury also found true the allegations that defendant “personally used a firearm” (former § 12022.5) and that “a principal . . . was armed” during those crimes (§ 12022, subd. (a)). The trial court…