Bacon

A jury found defendant Robert Allen Bacon guilty of first degree murder (Pen. Code, §§ 187, 189) and found true the special circumstance allegation that he intentionally killed the victim by means of lying in wait (§ 190.2, subd. (a)(15)). The jury found him guilty also of forcible rape (§ 261, subd. (a)(2)) and forcible sodomy (§ 286, subd. (c)(2)). Defendant waived his right to a jury trial on the additional special circumstance allegation that he was previously convicted of murder (§ 190.2, subd. (a)(2)), and the trial court found that he was so convicted.

At defendant’s penalty trial, the jury returned a verdict of death. The trial court denied defendant’s motions for a new trial (§ 1181) and for modification of the penalty (§ 190.4, subd. (e)), and it sentenced him to death. This appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b).)

We affirm the judgment.

Introduction

Deborah Sammons was brutally murdered and her body was placed in the trunk of her car, which defendant tried to conceal by driving the car into a slough. The last persons Deborah Sammons saw on the night of her murder were defendant and her husband, Charles (Charlie) Sammons, from…