Dennis

A jury found William Michael Dennis guilty of first degree murder for killing his former wife, Doreen Erbert. (Pen. Code, §§ 187,189.) When defendant attacked Doreen with a machete-like weapon, she was eight months pregnant. The jury found defendant guilty of second degree murder for killing Doreen’s fetus. (§§ 187, 189.) The jury also found as a special circumstance that defendant committed multiple murders. (§ 190.2, subd. (a)(3).)

At the conclusion of the penalty phase, the jury returned a verdict of death. The trial court denied defendant’s motion to modify the verdict under section 190.4, subdivision (e), and sentenced him to death for Doreen Erbert’s murder. This appeal is automatic. (§ 1239, subd. (b).)

I. Facts

A. Summary of Facts

On Halloween night, October 31, 1984, defendant went in disguise to the home where his former wife, Doreen Erbert, lived with her husband of five years, Charles Erbert, and their four-year-old daughter, Deanna. While Charles was away from the house, defendant attacked Doreen with a machete or similar weapon after she opened the door to him. Doreen was eight months pregnant. Among the many wounds she suffered were severe cuts to her…