The People v. Simpson CA3

BACKGROUND

Defendant, along with Michael Johnson, Chane Finch and Michael Houchins, planned to steal medical marijuana from Michael High‟s home. On the night of the offense, High was at home with two visitors, Amanda Baxter and Isabella Vasquez. Houchins went to High‟s residence ostensibly to set up a drug deal, and texted his cohorts when he thought it was a good time to begin the crime. When dogs started barking, High and Vasquez went outside to investigate. They were met by defendant, Johnson, and Finch, who were armed, dressed in tactical gear, and portraying themselves as law enforcement officers serving a warrant. High thought they were not law enforcement officers and fought with two of them. The third offender went inside the house, grabbed Baxter, ordered her outside, and hit her on the head. High eventually fought off the offenders, but in the process he was fired upon and stabbed, sustaining a ruptured spleen and punctured diaphragm. After the preliminary hearing, defendant filed a motion to set aside the information pursuant to section 995. During oral argument on the motion, defense counsel added a new contention: that the in concert enhancement allegation applied…