People v. Snow CA4/1

statement of facts in his brief, which is instead (and improperly) based on facts recited in Snow I. (See § 1172.6, subd. (d)(3).) 2 Paxton’s employees knew large sums of cash were kept under Larry’s desk. In August, Snow told a fellow tow truck driver, James Myers, “how easy it would be to rob Paxton’s.” Elaborating, Snow said that the night dispatcher, David S., could be “bopp[ed]” on the head and locked in a toilet during a robbery. He promised Myers a share of the proceeds if he and another tow truck driver, Terry Taylor, stayed away from Paxton’s on the night he planned to commit the robbery. About the same time, Snow took a leave of absence from Paxton’s, purportedly to care for an ill relative in Kansas. On September 18, he returned to San Diego in a Dodge van and met with Taylor to discuss the robbery. Snow said he was “going to have two other people come in, grab [David S.], [and] put him in the port-a-potty.” Snow explained he was “thinking about” shutting off the power to Paxton’s and asked Taylor for the location of the main power switch. Paxton’s premises was secured by a barbed wire fence, two gates with remote controlled electric locks (one for pedestrians, the…