People v. Graham CA4/1

STATEMENT OF FACTS

The facts surrounding the offense are not seriously disputed. Therefore we will set

forth only a brief summary of the facts of the crime in this case. To the extent there are

any disputed areas we will address them in the discussion which follows.

The victim in this case, Robert Ferons, was a marijuana dealer, with whom

Graham had done business in the past. Prior to the robbery in this case, Graham told

Ferons he wanted to buy $500-$600 worth of marijuana from Ferons.

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

2 Ferons and Graham made arrangements to meet in a public place to conduct the

transaction, largely out of safety concerns by Ferons. On the day of the meet Graham

was supposed to call when he got near the proposed meeting place. However, Graham

came directly to Ferons's apartment accompanied by Gerard Coops, who was unknown to

Ferons. The two entered the apartment through an open door without notice to Ferons.

Ferons took the two men into the kitchen to show them samples of the marijuana

he had for sale. After about 10 minutes, Coops produced a .38 caliber revolver and

pointed it at Ferons…