Curl

Defendant Robert Zane Curl was convicted by a jury of the first degree murder of Richard Urban (Pen. Code, § 187, subd. (a)) as to which the jury found that defendant had personally fired one of the shots that caused Urban’s death. The trial court then found true the special circumstance allegation that defendant had been previously convicted of second degree murder. (§ 190.2, subd. (a)(2).) After a court trial, defendant was sentenced to death. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); § 1239, subd. (b).)

We affirm the judgment.

I. FACTS

A. Prosecution Guilt Phase Evidence

1. Richard Urban’s Disappearance on March 23, 1987

On March 23, 1987, Duane Holt shared a residence with Nevallene Joanne (Nevi Jo) Holt Routh and her two teenage sons at the comer of Hughes and Hedges Avenues in Fresno. Holt was a drug dealer and sold drugs out of his house. He and Nevi Jo were both methamphetamine or “crank” users. The Holt residence was also something of a gathering spot for young men who came and worked on cars in the yard. One of those young men was the victim, Richard Urban, who had previously purchased crank from Holt. Defendant and his girlfriend,…