Anderson

BACKGROUND

We set forth below the factual recitation from the 1982 unpublished appellate opinion affirming Anderson’s convictions. Leonard Luna was taking care of the home of Bernard Marks, his employer, who was out of town on Sunday, June 24, 1979. The home was located at 3307 West Stuhr Road, Newman. Between 11:30 p.m. and midnight on June 24, two young men came to the door and asked Luna if he could sell them some gasoline because their car was empty. The two left after Luna provided them with some gasoline, but returned about 15 minutes later and asked if they could use the telephone. As they appeared to be leaving, one of the men turned round with a pistol in his hand and told Luna to hit the floor and close his eyes. Luna complied and then heard a car drive up in front of the house and some more people enter it. He did not know exactly how many.

2Anderson has also filed a petition for a writ of habeas corpus, which we have considered together with this appeal. We dispose of the writ by separate order.

2 After being hit on his head, Luna was taken into the den where he was placed on a couch and “hog-tied.” His hands were tied behind his back and also tied to his feet. On…