Dickson

Statement of the Case

Appellant was charged by information as follows: count one—the murder of Ida Marie Husler in violation of Penal Code section 187, with two special circumstances allegations of robbery-murder and burglary-murder under Penal Code section 190.2, subdivision (a)(17); count two—robbery of Ida Marie Husler in violation of Penal Code section 211; count three—burglary of Spanky’s restaurant (where Ida Husler was murdered) in violation of Penal Code section 459; count four—attempted rape of Ida Marie Husler in violation of Penal Code sections 664 and 261, subdivision (2); count five-robbery of Karen B. in violation of Penal Code section 211; count six— kidnaping in violation of Penal Code section 207; count seven—rape of Karen B. in violation of Penal Code section 261, subdivision (2); and count eight—forced oral copulation of Karen B. in violation of Penal Code section 288a, subdivision (c).

As to counts one, two, three, five and six, it was further alleged that appellant personally used a handgun during the commission of the crimes within the meaning of Penal Code section 12022.5. As to counts four, seven and eight, it was further alleged that during the…