People v. Underwood CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

In May 2010, Underwood drove from Yuma, Arizona, to San Jose, California, along with three others, Angel Torres, Mauro Sierra and Robert Singleton. They traveled in Singleton’s silver Honda and planned on buying a car from Torres’ father in San Jose. During the drive, Torres suggested they rob a cannabis club in San Jose and, after discussing the matter further, the men agreed to do so. Torres indicated he did not want to use firearms in the robbery but Underwood said they should. Underwood and his companions arrived in San Jose on May 18, 2010. Although their initial plan was to rob the cannabis club on the day they arrived, they decided to postpone the robbery. Torres’ father traded a blue Honda to them in exchange for Singleton’s silver Honda plus some cash. Torres’ brother-in-law was visiting and overheard Underwood planning the robbery with Torres, Sierra and Singleton. Torres borrowed a shotgun from a friend. The barrel was sawed off and there were bullet shells taped to the side of the shotgun. It was wrapped in a sheet or a towel. Torres and Singleton went to the cannabis club in order to determine its location as well as the…