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PEOPLE v. NICOLAUS

Docket No. S004766. Crim. No. 26406.

54 Cal.3d 551 (1991)

817 P.2d 893

286 Cal. Rptr. 628

THE PEOPLE, Plaintiff and Respondent, v. ROBERT HENRY NICOLAUS, Defendant and Appellant.

Supreme Court of California.

October 24, 1991.

Attorney(s) appearing for the Case

COUNSEL

Fern M. Laethem, State Public Defender, under appointment by the Supreme Court, Dee Hayashi and Nancy Gayno, Deputy State Public Defenders, for Defendant and Appellant.

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Dane R. Gillette, Ronald S. Matthias and Sharon G. Birenbaum, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BAXTER, J.

Defendant Robert Henry Nicolaus appeals from a judgment of death imposed under the 1978 death penalty law. (Pen. Code, § 190.1 et seq.)1 He was convicted of the first degree murder of his ex-wife, Charlyce Robinson. (§ 187.) A firearm-use enhancement was found true. (§ 12022.5.) The murder was committed in Sacramento County;...

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