Harris

Following a mistrial, 1 a jury convicted defendant Willie Leo Harris of the first degree murder (§§ 187, subd. (a), 189), robbery (§§ 211, 212.5, subd. (a)), and rape (§ 261, subd. (a)(2)) of Alicia Manning; unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)); and arson (§451, subd. (d)). The jury found true special circumstance allegations of robbery murder and rape murder (§ 190.2, former subd. (a)(17)(i), (iii)), and further found that defendant had used a deadly or dangerous weapon (§ 12022, *811 subd. (b)(1)). 2 The jury returned a verdict of death. The trial court denied defendant’s automatic application to modify the penalty verdict (§ 190.4, subd. (e)), and sentenced him to death on the murder count and imposed a determinate sentence on the remaining counts and enhancements.

Appeal to this court is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. Facts

On May 20, 1997, defendant entered Alicia Manning’s apartment and raped and killed her. He then stole Manning’s car and set it on fire. Defendant told the police he had had consensual sex with Manning on the night of her murder, but denied killing her. At trial, defendant argued Manning’s…

A race-based peremptory challenge of a pro-

spective juror is unlawful. (Batson v. Kentucky (1986) 476 U.S. 79 [ 90 L.Ed.2d 69 , 106 S.Ct. 1712 ] (Batson).) That rule was violated, defendant here asserts, when the prosecutor peremptorily challenged two Black prospective jurors. The trial court found that defendant had not made a prima facie showing that the two challenges were based on race; the prosecutor then declined the court’s invitation to state his reasons for the challenges. In upholding the trial court’s ruling, a majority of this court relies on race-neutral reasons that are apparent from the record. So do I. I perceive no inconsistency with the views expressed in my dissenting opinion in People v. Johnson (2003) 30 Cal.4th 1302 [ 1 Cal.Rptr.3d 1 , 71 P.3d 270 ], as I explain below.

I

Defendant, who is Black, was charged with robbing, raping, and murdering a White college student in her apartment in Bakersfield, Kern County. At defendant’s first trial, the jury was unable to reach a verdict on those charges, as the sole Black juror, disagreeing with the other jurors, voted for an acquittal. Before retrial, defendant moved unsuccessfully for a change of venue. The…

Defendant, a black man, was charged with raping and murdering a young white woman in Kern County. Defendant’s first trial resulted in a hung jury that divided 11 to one in favor of guilt. The holdout juror was the lone African American on the jury. Before retrial, the defense moved for a change of venue, presenting survey results showing that black residents of the county were significantly less likely than white or other residents to prejudge defendant as guilty or to prejudge that his crime merited the death penalty if he was found guilty. The motion was denied.

In selecting the second jury, the prosecutor used peremptory challenges to excuse the first two black prospective jurors seated in the jury box. Defendant objected, claiming that the prosecutor struck these jurors on the basis of race. The trial court concluded that defendant had not made a prima facie showing of discrimination and that the prosecutor was therefore not required to explain these strikes. The trial court nevertheless invited the prosecutor to state his reasons for the strikes, but the prosecutor declined. Ultimately, the jury that convicted defendant and sentenced him to death consisted of 10 white…

I. FACTS

On May 20, 1997, defendant entered Alicia Manning‘s apartment and raped and killed her. He then stole Manning‘s car and set it on fire. Defendant told the police he had had consensual sex with Manning on the night of her murder, but denied killing her. At trial, defendant argued Manning‘s boyfriend killed her.

A. Guilt Phase

1. Prosecution Evidence

a. Alicia Manning In 1997, Alicia Manning was a college senior living in a Bakersfield apartment with her friend and fellow student, Thea Bucholz. Manning had been seriously dating her boyfriend, Charles Hill, for a year, and had known him for over three years. Hill, who was not in school and did not have a job or a working vehicle, lived in Tulare, a town approximately an hour‘s drive from Bakersfield. At trial, two unsent letters written by Manning shortly before her death were introduced into evidence: one was addressed to ―Charles sweetheart,‖ and described her love for him; the other was addressed to a friend and discussed her postgraduation plans with Hill. In April 1997, Bucholz met defendant through a mutual friend. Defendant and Bucholz became fast friends, and socialized often. Defendant sought a romantic…