One of two men convicted of murdering the owner of a T-shirt shop in Gardena during a robbery more than a dozen years ago lost his latest appeal Tuesday.
Zecorey Lamont Marcus and co-defendant Jayvion Terrell Galloway — whom jurors determined was the triggerman — are serving life prison terms without the possibility of parole for the May 12, 2008, shooting death of Hae Sook Roh.
The 51-year-old woman was fatally shot inside her business, Julie’s Fashion, at 2300 W. Rosecrans Ave, in a crime captured by the store’s surveillance camera.
The three-justice panel from California’s 2nd District Court of Appeal noted that “the take from the robbery-murder was approximately $35.”
Marcus was arrested 11 days after Roh’s killing, while Galloway was taken into custody in La Canada, Minnesota, about three weeks after the slaying.
The two also were convicted of an unrelated robbery outside a Gardena dairy five days before Roh’s killing.
Marcus — whose conviction was upheld in a June 2012 appellate court ruling — is challenging the trial court’s denial of his petition for re-sentencing under the provisions of a new state law.
The appellate court panel affirmed the trial court’s order, noting that the primary obstacle for Marcus is the jury’s finding of the special circumstance allegation of murder during the commission of a robbery.
The appellate court panel noted in its 13-page ruling that Marcus could instead seek relief through another type of appeal — a petition for writ of habeas corpus — noting that is the “proper procedure for challenging a special circumstance finding.”