People v. Gardiner CA2/2

FACTS

Record of Conviction In an information filed on November 15, 2010, appellant and codefendant Brandon Daniels (Daniels) were charged with murder (§ 187, subd. (a)), attempted robbery (§§ 664, 211), and burglary (§ 459). In connection with the murder count, the information alleged a special circumstance under section 190.2, subdivision (a)(17). At the preliminary hearing, the evidence showed that on October 1, 2008, multiple men attempted to rob the L.A. Collective, a marijuana dispensary. An employee named Martin was at the reception desk when he heard a ruckus at the front door and looked at a monitor. He saw two of the robbers with guns holding the security guard, Noe Gonzalez, hostage in the waiting area. Martin and the owner of the dispensary moved toward the back of the office area and Martin heard a door crash open. Leon Banks (Banks) pointed a gun at Martin and took him and the owner to the main dispensary area. As Banks was trying to restrain Martin on the floor with zip ties, Martin heard a gunshot. Banks said that it was time to go and ran through the door of the waiting area. Martin stood up and looked at the monitors and saw three perpetrators pushing outward on…