Filed 11/14/22 P. v. Snow CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D079776 Plaintiff and Respondent, v. (Super. Ct. No. SCS205658) EDWARD LEROY SNOW, Defendant and Appellant. APPEAL from an order of the Superior Court of San Diego County, David M. Rubin, Judge. Affirmed. Ronda G. Norris, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Lise Jacobson and Daniel Rogers, Deputy Attorneys General for Plaintiff and Respondent. In 2006, Edward Leroy Snow worked as a tow truck driver for Paxton’s Towing (Paxton’s).1 While on leave to purportedly care for an ill relative, he stole $80,000 from Paxton’s during a robbery in which the night dispatcher, David S., was shot and killed. A few days later Snow told an accomplice, “Old Dave never seen it coming.” A jury convicted Snow of first degree murder, and this court affirmed the judgment. (People v. Snow (Sept. 19, 2012, D058200) [nonpub. opn] (Snow I).) Now a decade later, Snow appeals from an order denying his petition for resentencing under former Penal Code2 section 1170.95 (now § 1172.6). He contends that applying independent review, we should reverse because there was insufficient evidence to support the court’s finding that he acted with reckless indifference to human life. We reject his claims and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND3 A. The Robbery and Murder Paxton’s is owned by Larry L., who in addition to that business also operated food stands at home improvement stores. The concession stands generated a sizeable cash flow, mostly in small bills. About twice a week, Larry collected that money and stored it in bags under his desk at Paxton’s. Typically near the end of each month, he would dump the accumulated cash on his desk and count it. 1 Dates are in 2006 unless otherwise specified. 2 Undesignated statutory references are to the Penal Code. 3 The factual background is based exclusively on the reporter’s transcript from Snow’s murder trial. We have not considered the Attorney General’s 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, …
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