P. v. Gibson CA2/2
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 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 first degree murder of Cruz (§ 187, subd. (a)) (count 1), and robbery (§ 211) (count 2).
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