People v. Brown CA2/8

FACTS AND PROCEDURE

1. The Crimes During the afternoon of March 11, 2014, Halpin (who was then almost 21) and Brown (who was then almost 30) robbed Garthen Lenon and Michael Griffin at gunpoint. Both defendants were armed. Lenon sold marijuana to defendants prior to the robbery.1 Lenon and Griffin both recognized Halpin from school or extracurricular activities. Defendants took Griffin’s phone and wallet. They took Lenon’s wallet, money, watch, and car keys. After the robbery, Lenon and Griffin chased defendants, and Halpin shot his gun, possibly in their direction. Lenon told officers that Halpin shot in his direction, but at trial he testified that he was not sure whether Halpin pointed at him. Halpin testified that the gun discharged accidentally, but a tape-recorded phone call suggested that he discharged the gun to prevent Lenon and Griffin from obtaining his license plate information. Additionally, Halpin told a deputy sheriff that he was trying to scare the victims when he discharged his firearm. Days after the robberies, when officers located Brown, he had a firearm in his vehicle that was fully loaded and ready to fire. He also was carrying extra ammunition. Halpin…