People v. Torkelson CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Robbery The following facts regarding the underlying crimes are summarized from this court’s unpublished opinion in Torkelson’s direct appeal, People v. James David Torkelson (Feb. 10, 2011, D055104) [nonpub. opn.], in which we affirmed the judgment of conviction. Torkelson was terminated from his position as a security guard at a parking lot near the San Diego airport in July 1999. At about 11:30 p.m. on July 17, 1999, Torkelson arrived at the lot dressed in his uniform. Two other security guards questioned Torkelson’s employment status, but Torkelson assured them that it was okay for them to go home. Approximately one hour later, a man with a nylon stocking over his face approached the ticket booth with a gun drawn. He detained the attendant and emptied the cash register. Two other employees were counting money from the shift change in a nearby business trailer. The attendant heard the gunman order someone inside the trailer and, shortly thereafter, he heard a series of gunshots. The attendant saw the gunman run from the trailer and meet up with two other men. After calling 911, the attendant went to the business trailer and…