People v. Tucker CA4/2

I. FACTS

We take our summary of facts from this court’s nonpublished decision in

defendant’s direct appeal in Tucker, supra, E054399. (See People v. Allison (2020)

55 Cal.App.5th 449, 454 & fn. 3.)

The victim was known as the “gold man.” In July 2010, after discussing and

planning a robbery, defendant and three other codefendants (Brandon Baskett, Aamon

Smith & Ronnie Bluitt) lured the victim and the victim’s friend into a garage under the

pretense of selling the victim gold for cash. Once in the garage, defendant pointed a

nine-millimeter gun at the friend, while Baskett pointed his gun at the victim. When the

victim reached for Baskett’s gun, defendant pointed his gun at the victim and said, “This

is for real.” The victim then picked up his bag of cash and ran out of the garage; either

defendant or Baskett fatally shot the victim. The police arrived at the scene and found

three .40-caliber shell casings on the garage floor. The victim suffered two gunshot

wounds; one was fatal. (Tucker, supra, E054399.)

A day or two after the shooting, officers stopped Baskett, who was driving a

vehicle that had been rented by “Cindy Carter” four days before the shooting.…