People v. Fox CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Given the nature of this appeal, a detailed recitation of the facts underlying defendant’s convictions is unnecessary. It is enough to say that defendant believed the victim had stolen jewelry and cash from defendant and a female friend. The next day, defendant and a male friend brought the victim to a trailer. The victim was later found dead. He had numerous injuries (including burns), showed signs of strangulation, and had a fatal dose of methamphetamine in his system. (People v. Fox (Apr. 20, 2000, C032729) [nonpub. opn.].) A jury found defendant guilty of first degree murder (§§ 187, 189), torture (§ 206), false imprisonment (§ 236) (a lesser included offense of kidnapping pursuant to section 207), and possession of a firearm by a convicted felon (§ 12021, subd. (a)(1)). The jury also found that the murder was intentional and involved infliction of torture. (§ 190.2, subd. (a)(18).) Specifically, the verdict form regarding murder by torture read: “We, the jury find that the murder of [the victim] was committed by [defendant], and that the murder was intentional and involved the infliction of torture within the meaning of [section…