Gunnerson

Count I of the information charged Victor Wayne Gunnerson (Gunnerson), Edward Dean King (King), and Grover Michael Pumroy (Pumroy) with a violation of Penal Code section 187 (murder) on March 11, 1976, in that they did with malice aforethought murder Nathaniel Hersperger (Nathaniel). Count II charged the same defendants with a violation of Penal Code section 211 (robbeiy) on the same date against the same victim. King was charged with one prior—receipt of stolen property, which was found to be true. A jury found all three defendants guilty of murder in the first degree and guilty of robbeiy in the first degree. Their applications for probation and for new trial were denied, and they were sentenced to state prison for the term prescribed by law. The sentences were ordered to run concurrently and sentence on the robbery count was stayed pending completion of sentence on the murder count, and upon completion of sentence on the murder count, stay to be permanent. All defendants appeal from the judgment.

Pretrial motions for appointment of a cardiologist to aid in the defense, to suppress confessions and motions under Penal Code section 995 to dismiss information were…