Hammond

Defendant was convicted of the crimes of murder, attempted murder and robbery on a theory of aiding and abetting as the driver of the getaway car. (Two unrelated robbery charges were ordered severed to be tried separately.) Defendant was sentenced to a term of 32 years to life. On appeal defendant raises several claims of error discussed hereafter.

Facts

The record discloses the following salient facts:

About 1 in the afternoon on April 5, 1983, Stephan Mitcham entered Ormond’s Jewelry Store on Lakeshore Avenue in Oakland. He wore a hooded burgundy-colored ski parka and sunglasses and carried a brown paper grocery sack containing a pillow. In response to Mitcham’s request to see a better selection of wedding sets, James Ormond, the 79-year-old store owner, walked to the rear of the shop near the safe where more rings were kept. Mitcham followed.

Yvette Williams, a store employee, became fearful of an impending robbery by reason of Mitcham’s dress and his approach to the safe. As she started to leave, Mitcham walked over to her desk and asked: “How are you doing today, Miss?” Then, without any warning, he produced a gun and shot her in the face.

Williams fell,…