People v. Zorns CA2/2

BACKGROUND

1992 conviction In 1992 defendant was convicted of first degree murder and second degree robbery. He was sentenced to 25 years to life plus seven years.2 The judgment was affirmed on appeal in People v. Zorns (Mar. 31, 1993, B066434) (nonpub. opn.) (Zorns I). Factual summary in appellate opinion3 “On July 3, 1990, Judy Adams, assistant manager of the San Fernando swap meet, packaged the daily receipts and took the money bags to the car of Barney Pipkin, the manager. Two

All further statutory references are to the Penal Code, unless otherwise indicated. Defendant was released on parole prior to the hearing on his section 1170.95 petition. We quote the factual summary in full, as the trial court relied significantly on the summary in ruling on defendant’s section 1170.95 petition.

2 other swap meet employees were assisting in loading the car. Ricardo Roldan ran up to Pipkin with a gun and said ‘Don’t f*****g move.’ As Roldan aimed the gun at Adams, it made a clicking noise. Pipkin, who had a hearing disability, continued to put the bags in the trunk. Sergio Ayala then approached the car, grabbed the money bags, and ran towards the swap meet exit.…