Rupe

People v. Rupe

Good Law
1988 Cal. App. LEXIS 1240·206 Cal. App. 3d 1537·256 Cal. Rptr. 126
Court of Appeal of CaliforniaDecember 21, 1988C001765California1,941 words

Opinion

Opinion

Puglia, J.

Defendant appeals from the judgment following his conviction of first degree murder of his estranged wife, Natalie (Pen. Code, §§ 187, 189), and of second degree murder of Natalie’s roommate, Deborah Robbins (Pen. Code, § 189; all further statutory references to sections of an undesignated code are to the Penal Code). The jury also found true a multiple murder special circumstance (§ 190.2, subd. (a)(3)). The People did not seek the death penalty and defendant was sentenced for the first degree murder to life without possibility of parole. In the published portion of this opinion, we shall reject defendant’s contention the court erred in refusing certain proffered “pin point” instructions dealing with manslaughter. Since we reject the remainder of defendant’s contentions in the unpublished portion of this opinion, we shall affirm.

I-IX

X

Natalie and defendant were undergoing a rancorous divorce. They separated and Natalie and Robbins moved into a house together. Defendant manifested hostility toward Natalie and in the presence of others had voiced threats to kill her. Natalie and Robbins were in fear of defendant. On the morning of August 24, 1985, defendant forcibly…

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