Kipp

Defendant Martin James Kipp appeals from a judgment of death upon his conviction by jury verdict of one count of murder in the first degree (Pen. Code, § 187), with the special circumstance of murder in the commission of rape (§ 190.2, subd. (a)(17)(C)), and one count each of forcible rape (§ 261, subd. (a)(2)) and robbery (§ 211). The jury that returned these verdicts as to guilt and special circumstance also returned a penalty verdict of death for the offense of first degree murder. The trial court denied the automatic motion to modify penalty (§ 190.4, subd. (e)) and sentenced defendant to death.

This appeal from the judgment of death is automatic. (§ 1239, subd. (b).) We will affirm the judgment in its entirety.

Facts and Proceedings

This court has affirmed a judgment of death against defendant for the murder of Antaya Yvette Howard in Orange County in December 1983. (People v. Kipp (1998) 18 Cal.4th 349 [ 75 Cal.Rptr.2d 716 , 956 P.2d 1169 ].) In the trial of that case, the prosecution introduced evidence that defendant had raped and murdered Tiffany Frizzell in Los Angeles County in September 1983. (Id. at pp. 360-361, 369-373.) In this case, we consider the…