People v. Collins CA3

BACKGROUND

We take the basic, relevant facts of defendant’s case from our opinion in his original appeal. (People v. Collins (Jan. 13, 2003, C035384) [nonpub. opn.] (Collins).) On October 22, 1998, at about 7:00 p.m., Robert Yee and his wife Sim were closing Bill’s Market in Rio Linda, the business they had owned for 37 years. The Yees lived next door to the market. At around 7:15, three robbers (defendant, Shaun Edward Anderson, and James M.) wearing ski masks entered the store. Defendant carried a .38- caliber pistol. He and Anderson forced Mr. Yee into the back of the store while James M. went to the cash register area where Mrs. Yee was standing behind the counter. Defendant and Anderson forced Mr. Yee to lie down; they taped his hands, mouth, and feet with duct tape. Defendant obtained Mr. Yee’s house keys. He and Anderson went to the Yee residence. Mr. Yee was on the floor for 10 to 15 minutes. At about the time he had worked himself free from the duct tape, he heard his across-the-street neighbor, Steven Parrish, call for him. Mr. Parrish testified he entered the store and found Mrs. Yee laying face down on the floor, behind the counter, bound with duct tape. Mrs. Yee was…