Snead

Convicted by jury of first degree murder (Pen. Code, §§ 187, 189; count I) with two special circumstances found true (§ 190.2, subds. (a)(6) and (a)(17)), arson causing great bodily injury (§ 451, subd. (a); count II), arson of an inhabited structure (§451, subd. (b); count III), explosion of a destructive device causing death (§ 12310, subd. (a); count IV), and explosion of a destructive device causing bodily injury (§ 12309, count V) appellant contends the trial court committed instructional errors and the evidence is insufficient to sustain one of the special circumstances (“delivery” of a destructive device, § 190.2, subd. (a)(6)). We find no prejudicial error and affirm the judgment.

Factual Background

There being no insufficiency of evidence claim (except concerning a special circumstance), we synopsize the evidence. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)

Three people were involved in the subject offenses. Each was tried separately. The evidence at appellant’s trial, concerning the offenses, duplicated that of one of his confederates. On his appeal we provided this summary: “It…