Wilson

A jury convicted defendant Andre Gerald Wilson of the first degree murder and attempted robbery of Sary San, and found the robbery-murder special-circumstance allegation to be true. (Pen. Code, 1 §§ 187, subd. (a), 664, 211, 190.2, subd. (a)(17).) It also found true the allegation that defendant personally used a firearm, i.e., a handgun, in committing these offenses. (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a).) After the penalty phase, the jury returned a verdict of death.

The trial court denied defendant’s motions for new guilt and penalty phase trials (§ 1181), along with his automatic application for modification of the *6 verdict (§190.4, subd. (e)), and sentenced him to death. This appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b).)

For reasons that follow, we affirm the judgment.

I. Factual and Procedural Background

A. Guilt Phase

1. Overview

On July 25, 1996, her first day as cashier at Seng Heng Market, victim Sary San was shot and killed during an attempted robbery. The fatal shooting was captured by the market’s surveillance cameras,- which recorded both picture and sound. While the videotape did not conclusively establish defendant…

I concur generally in the majority’s reasoning and result. In particular, I agree defendant forfeited his argument that the trial court erred by denying two of his challenges for cause because, although he removed the two prospective jurors using peremptory challenges and subsequently exhausted the number of such challenges allotted to him by statute, he did not thereafter express his dissatisfaction with the jury as constituted. (Maj. opn., ante, at p. 14.) I also agree that even assuming he had preserved the issue for our consideration, neither prospective juror demonstrated his or her views would prevent or substantially impair the prospective juror’s ability to serve on the jury.

Our conclusion on the forfeiture issue, however, raises a small but important issue, namely, what exactly must a litigant do to preserve such a claim for appeal? Unfortunately, this court has been less than consistent on this point. On the one hand, we have held that “[t]o preserve a claim based on the trial court’s overruling a defense challenge for cause, a defendant must show (1) he used an available peremptory challenge to remove the juror in question; (2) he exhausted all of his peremptory…

A jury convicted defendant Andre Gerald Wilson of the first degree murder and attempted robbery of Sary San, and found the robbery-murder special circumstance allegation to be true. (Pen.Code, [1] §§ 187, subd. (a), 664, 211, 190.2, subd. (a)(17).) It also found true the allegation that defendant personally used a firearm, i.e., a handgun, in committing these offenses. (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a).) After the penalty phase, the jury returned a verdict of death.

The trial court denied defendant's motions for new guilt and penalty phase trials (§ 1181), along with his automatic application for modification of the verdict (§ 190.4, subd. (e)), and sentenced him to death. This appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b),)

For reasons that follow, we affirm the judgment.

On July 25, 1996, her first day as cashier at Seng Heng Market, victim Sary San was shot and killed during an attempted robbery. The fatal shooting was captured by the market's surveillance cameras, which recorded both picture and sound. While the videotape did not conclusively establish defendant as the gunman, prosecution witness Shanta Sadewater testified that…