Nicholas

Defendant appeals from a judgment entered on jury verdicts finding him guilty of two counts of first degree murder (Pen. Code, §§ 187, 189) and two counts of first degree robbery (Pen. Code, § 211), while armed (Pen. Code, § 12021) and using a firearm (Pen. Code, § 12022.5), and finding him sane as to each count. The major contentions on appeal are that: 1) his arrest was unlawful; 2) his confession was involuntary as made after threats, promises and psychological inducements and also was a product of continued interrogation; 3) it was error to permit the prosecutor to replay the tape-recorded confession to the jury during his closing argument; 4) there was insufficient substantial evidence to support the convictions without the confession; 5) the verdict did not reflect a unanimous jury under either of two alternative murder conviction theories; and 6) the trial court’s failure to instruct the jury in the sanity phase of the trial pursuant to the test of People v. Drew (1978) 22 Cal.3d 333 [ 149 Cal.Rptr. 275 , 583 P.2d 1318 ], was prejudicial error.

For the reasons set forth below, we have concluded that although defendant’s confession was inadmissible, the error was…