People v. Fox CA2/1

BACKGROUND

On October 31, 1996, shortly before Fox’s 17th birthday, the People charged Fox with the murder of Richard Vargas, occurring on or about June 4, 1996. The People further alleged that the murder was committed while Fox and his confederate were engaged in the commission or attempted commission of a robbery within the meaning of section 190.2, subdivision (a)(17). The People charged Fox with attempted robbery occurring on the same day as the murder and with an additional robbery occurring in April 1996.

1. Preliminary hearing The preliminary hearing was held October 17, 1996. Maria Krauter, an employee of the San Gabriel Valley Credit Union (the credit union), testified that, on April 24, 1996,

Undesignated statutory citations are to the Penal Code.

2 two men entered the credit union, and one jumped over a gate. The man who jumped over the gate pushed Krauter aside and took approximately $2,000 from her cash drawer. Luz Amador, another employee of the credit union, testified that Fox “probably” was one of the credit union robbers. Detective Edward Pawasarat testified that he spoke to Fox, who admitted participating in the credit union robbery. Fox reported that…