People v. Lee CA3

BACKGROUND

One night in June 1979 when defendant was 16 years old, he and three men, including Marty Jackson (also known as Spears), conducted a violent home invasion robbery in Newman, which defendant had planned. He was familiar with the house, drew a map of where guns and a safe would be located, and suggested they bring weapons with them. The group entered by a ruse that their car had run out of gas. Once inside, Jackson hog-tied the occupant’s ankles and hands together behind his back and another man hit him on the head multiple times with a firearm. During the robbery, Jackson threatened to kill the occupant because he had seen Jackson’s face, but the others told him not to do it. They stole a safe, firearms, and a knife. The next night, Jackson planned a home invasion robbery of a residence in Modesto that he believed had large amounts of cash. The murder victims -- a husband and wife -- lived in the home. Defendant, Jackson, and two others participated in the robbery. Defendant and Jackson were armed with the guns and a knife stolen during the Newman robbery. They used the same ruse to gain entry. The husband, who had offered to get them gas from the garage, was hog-tied…