People v. San Nicolas

A jury convicted defendant Rodney Jesse San Nicolas of the first degree murders of his wife Mary San Nicolas (also known as Mary James) and Mary’s nine-year-old niece April James (Pen. Code, § 187, subd. (a)), and found true the personal use of a knife allegations as to these murders. (§§12022, subd. (b)(1) (Mary), 12022.3, subd. (a) (April).) The jury also convicted defendant of forcibly raping April James (§261, subd. (a)(2)) and of forcibly committing a lewd and lascivious act upon her (§ 288, subd. (b)(1)), and found true the great bodily injury allegation connected with these two sex offenses (§ 12022.8). The jury found true four special-circumstance allegations: multiple murder (§ 190.2, subd. (a)(3)); killing to prevent a witness, April James, from testifying (§ 190.2, subd. (a)(10)); killing in the commission of the rape of April James (§§ 190.2, subd. (a)(17), 261, subd. (a)(2)); and killing in the commission of a lewd or lascivious act on a child under the age of 14, April James (§§ 190.2, subd. (a)(17), 288, subd. (b)(1)). After a penalty trial, the jury returned a verdict of death. The trial court denied the automatic motion to modify the penalty (§ 190.4,…