Loustaunau

While he was in the course of burglarizing the residence of Kelli Crain, Ray Livingston, and Rick Martin on the night of January 27, 1983, appellant brutally murdered Ms. Crain with blunt force injuries to the head and numerous stab wounds. When Mr. Livingston came home, appellant hit him in the head with a hatchet. By jury trial appellant was convicted on count I of the first degree murder of Crain and the special circumstance that the murder was committed in the course of burglary pursuant to Penal Code section 190.2, subdivision (a)(17). In addition he was convicted on count II of burglary and on count III of the attempted murder of Livingston, with a finding he used a deadly weapon, a hatchet. On the penalty phase of the trial the jury’s verdict was life imprisonment without possibility of parole, and appellant was sentenced accordingly.

Appellant was acquainted with the victims and their home. On the evening of January 27, 1983, neighbors observed appellant and his truck parked across the street from the residence at various times between 5:25 and 7:30 p.m. They saw Kelli Crain’s car parked there about 7:15.

About 7:45 neighbor Mike Gonzales observed appellant…