People v. Nicolaus

Robert Henry Nicolaus was convicted by a jury of first degree murder on three counts in a trifurcated trial on the issues of guilt, sanity and penalty. He had killed his three children by shooting each several times in the head. The jury found defendant sane at the time of the offenses and imposed'the death penalty. Motions for a new trial and to *870reduce the degree of the offenses were denied. His appeal before us is automatic under section 1239, subdivision (b), of the Penal Code.

Autopsies revealed the daughter Heidi had four gunshot wounds; Roberta and Donald each had three. Heidi was the…