Hearn

Certified for Partial Publication. [*]

This case involves the attempted robbery of a liquor store and murder of the liquor store clerk by three women (Annette R., Jannette Serafin and Barbara Chavez), [1] and a man, appellant Christopher Hearn, on April 9, 1996. The Kern County District Attorney charged appellant in a four-count information with one count of murder, a felony in violation of Penal Code section 187, subdivision (a), [2] with special circumstances that the murder occurred during the commission of a robbery and burglary. (§ 190.2, subd. (a)(17)(A) & (G).) [3] Count 1 also alleged personal use of a firearm during the commission of the offense. (§ 12022.5, subd. (a).) Counts 2 and 3 charged appellant with burglary and attempted second degree robbery. (§§ 460, subd. (b), 664, 212.5, subd. (c).) Counts 2 and 3 also alleged personal use of a firearm. (§ 12022.5, subd. (a).) Count 4 charged appellant with conspiracy to commit robbery and set forth four overt acts: (1) Annette R., Jannette Serafin and Barbara Chavez planned a robbery; (2) Christopher Hearn obtained a gun from Regina Eason to use in the robbery; (3) Jeannette Serafin drove Annette R.,…