Harris

A jury sentenced defendant Lanell Craig Harris to death after finding him guilty of first degree murder during the commission of a robbery, attempted murder, and three counts of robbery, all with personal use of a firearm. The jury hung on another murder charge, and on whether the attempted murder was premeditated. This appeal is automatic. We affirm the judgment.

I. FACTS

The facts may be briefly stated for background purposes; further details and procedural matters will be discussed in connection with defendant’s contentions.

A. Guilt Phase

1. Prosecution

a. The Contreras Murder

On the evening of August 7, 1991, defendant approached a group of men gathered in a grassy area of the Van Nuys Recreation Center. Defendant asked if they had drugs to sell; when they said no, he offered to sell them a camera. No one wanted the camera. When one of the men offered defendant a cup of soup, he became angry and knocked the cup to the ground. Another man, Alfredo Calleros, saw defendant try to pull up a large pipe that was partially buried in the ground. Calleros picked up a milk crate and prepared to throw it at defendant. Defendant left, saying he would be back.

Defendant…