People v. Gibson CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts3

A. The underlying crime Around 11 p.m. on March 23, 1990, having “spent the evening smoking marijuana and drinking with friends” defendant “proposed committing a ‘jack’ -- a robbery -- to get some money.” Defendant, along with one of his friends Tyrone Randall (Randall), armed themselves with .38 caliber revolvers, and

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

Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10).

We draw these facts from our prior, unpublished appellate opinion affirming defendant’s conviction on appeal. (People v. Randall (Dec. 27, 1993, B066355).)

2 followed by several of their associates, went in search of a victim. Defendant and Randall “approached the driver’s side of a pickup truck driven by the victim, Jose Valdes Cruz, and fatally shot him in the chest. The victim’s wallet, containing approximately $120 in cash, was taken and his money distributed among [defendant, Randall] and others at the scene.” B. Charging, conviction and appeal The People charged defendant with the…