Lewis

A jury convicted defendant of the first degree murder (Pen. Code, § 187) and robbery (§ 211) of Milton Estell. It found true allegations of deadly weapon use (§ 12022, subd. (b)) and personal use of a firearm (§§ 12022.5, 1203.06) as well as a special circumstance allegation that the murder was committed during the commission or attempted commission of a robbery. (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A).) The jury fixed the punishment at death. Although finding no other reversible error, this court vacated the judgment of death because the trial court erroneously considered a probation report in ruling on defendant’s automatic application to modify the penalty. (§ 190.4, subd. (e); see People v. Lewis (1990) 50 Cal.3d 262, 286-287 [ 266 Cal.Rptr. 834 , 786 P.2d 892 ] (Lewis I).) On remand, the trial court denied the application for modification and reinstated the judgment of death. This appeal is automatic. (Cal. Const., art. VI, § 11; Pen. Code, § 1239.)

We find no error in the trial court’s denial of the modification application or any other rulings on remand and affirm the judgment.

I. Factual and Procedural Background

Because resolution of the issues…