Guillebeau

Appellant, Johnny Alfred Guillebeau was convicted, following a jury trial, of murder first degree, attempted murder, rape and burglary first degree. The jury also found that appellant inflicted great bodily injury on his victim during the rape and the burglary.

Appellant moved for a new trial, or in the alternative, for the reduction of the murder verdict to the second degree. The court denied both aspects of the motion. The court then sentenced appellant to prison for the terms prescribed by law. In so doing, the court ordered the following: that the sentence for the rape count be served consecutively to the sentence for the murder count; that the sentences on the attempted murder and the burglary counts be stayed; and that the sentences for the great bodily injury findings be served consecutively to the sentence on the last count to be served.

Timely notice of appeal was filed on July 8, 1977.

On October 7, 1976, Linda Shepherd was living with her two young daughters in a second floor unit of a four-unit apartment building in the City of Richmond. Early that evening, Linda fed her younger daughter, four-month-old Sheila Louise Echols Goshen, and put her to bed in the…