Harris

Lee Edward Harris appeals from the judgment sentencing him to life imprisonment without the possibility of parole following his conviction by jury of burglary (Pen. Code, § 459), two counts of robbery (Pen. Code, § 211) and two counts of murder (Pen. Code, § 187) with special circumstances (former Pen. Code, § 190.2, subds. (c)(3) and (c)(5)). He contends:

Appellant’s earlier conviction and death sentence were reversed by our Supreme Court in People v. Harris (1984) 36 Cal.3d 36 [ 201 Cal.Rptr. 782 , 679 P.2d 433 ]. The evidence upon retrial was again sufficient to establish that appellant was involved in a 1977 interstate robbery-murder spree in association with Charles Edward Moore and Terry Avery.

Prior to this proceeding, two alienists had examined appellant and found him competent to stand trial. (Pen. Code, § 1368.) At the close of the People’s portion of the guilt phase, out of the presence of the jury, he expressed his desire to testify in his own behalf. Instructed to reflect on this decision overnight, appellant nonetheless remained steadfast.

When his counsel continued to object, however, the court excused the deputy district attorney, had appellant take the…