Polk

Darryl Polk and Tony Leater appeal from the judgments entered following separate jury trials in which they were convicted of two counts each of first degree murder and robbery and of one count of first degree burglary, all with the use of a firearm. (Pen. Code, §§ 187, 211, 459, 12022.5, 12022, subd. (a).) The jury further found true as to each appellant special circumstances that the murders occurred during the commission of robbery and burglary and that each appellant committed multiple murders. (§ 190.2, subd. (a)(3) & (17).) In addition, the jury found true the allegations appellant Polk had suffered three prior felony convictions and the trial court found appellant Leater had suffered two prior felony convictions. (§§ 667, subd. (a), 667.5, subd. (b).)

On appeal appellants contend admission of an unintelligible tape recording and the prosecution’s transcript purporting to transcribe the recording deprived them of a fair trial; admission of the transcript violated several provisions of the Evidence Code; evidence of uncharged offenses constituted prejudicial error; and, the special circumstance findings must be reversed because the trial court failed to define sua…