Frazier

Opinion of the Court by Guerrero, C. J.

A jury convicted Robert Ward Frazier of the murder (Pen. Code, § 187; count 1),1 forcible rape (§ 261, subd. (a)(2); count 2), and forcible sodomy (§ 286, subd. (c)(2); count 3) of Kathleen Loreck. The jury also found true two felony-murder special- circumstance allegations: murder in the commission of rape (§ 190.2, subd. (a)(17)(C)) and murder in the commission of sodomy (§ 190.2, subd. (a)(17)(D)). At the penalty phase of the trial, the jury returned a verdict of death. The trial court denied defendant’s automatic motion to reduce the death verdict (§ 190.4, subd. (e)) and sentenced him to death.2 Defendant’s appeal is automatic. (§ 1239, subd. (b).) At trial, the People presented evidence that defendant killed Loreck by repeatedly hitting her in the head with an iron bar while she was on a walk. The People also presented evidence that defendant raped and sodomized Loreck. Police discovered Loreck within hours after the attack, while she was still alive. However, she died later that day. Defendant’s DNA was found on both vaginal and rectal swabs taken from Loreck as well as on a bloodied iron bar found at the crime scene.

1 Unless…