Roche v. State

GIVAN, Justice.

Appellant and a codefendant, Edward John Niksich, were tried by jury and both were convicted of two counts of murder and two counts of felony murder. Another defendant, Charles Edward Roche, Sr., was tried separately. The jury was discharged after failing to reach a recommendation regarding the death penalty as to appellant, and reaching a recommendation against the death penalty as to Niksich. The trial court subsequently sentenced appellant to death.

The facts are: Sometime before February of 1990, Niksich used Patricia Andras-eo's car to give Ernest Graves, who also was known…