Nicholson v. State

SHEPARD, Chief Justice.

After a remand from this Court, the trial judge sentenced Christopher Nicholson to life without parole. Nicholson again appeals his sentence, arguing that the State did not prove two statutory aggrava-tors. We conclude that he is correct and thus revise Nicholson's sentence.

Facts & Procedural History

On or about October 11, 1997, Nicholson tied seventy-eight-year-old Maxine Heit-ger's arms and legs to her bed, stuffed tissue into her mouth and taped her mouth shut. Nicholson then stole Heitger's credit card and automobile. Heitger died of asphyxiation.

Nicholson was…