Boyette

I dissent.

During jury selection in this death penalty case, the defense objected to the prosecution’s exercise of peremptory challenges against four African-American women, asserting that the challenges were purposefully discriminatory on the basis of the prospective jurors’ race and gender. The trial court said it did not think a prima facie case had been shown and asked the prosecutor if she wanted to explain her challenges. The prosecutor responded she had challenged these prospective jurors because she thought they could not vote for the death penalty. The trial court then ruled on the objection, with these words: “As I say, I don’t think a prima facie case has been shown. H[] I would have to agree with the district attorney on her challenges of the four Black African-American women, that I did not believe they were persons who would vote for the penalty of death based upon their questionnaires and their answers [during voir dire].”

The use of peremptory challenges to eliminate prospective jurors because of their race or gender is prohibited by the federal Constitution (J. E. B. v. Alabama ex rel T. B. (1994) 511 U.S. 127, 129 [ 114 S.Ct. 1419, 1421-1422 , 128 L.Ed.2d 89 ];…

Maurice Boyette was convicted in 1993 in Alameda County Superior Court of the first degree murders of Gary Carter and Annette Devallier. (Pen. Code, § 187; all further statutory references are to this code unless otherwise indicated.) The jury also sustained a special *403 circumstance allegation that defendant committed a multiple murder (§ 190.2, subd. (a)(3)) and enhancement allegations that defendant was armed with, and used, a firearm in the commission of the murders (§§ 12022, subd. (a), 12022.5, subd. (a)). The jury also convicted defendant of being a felon in possession of a firearm. (§ 12021.) On March 25, 1993, the jury set the penalty at death under the 1978 death penalty law. (§ 190.1 et seq.) This appeal is automatic. (§ 1239, subd. (b).)

After considering the claims raised on appeal, we affirm the judgment in its entirety.

I. Guilt Phase

A. Facts

1. The Murders

Antoine Johnson was a drug dealer in Oakland, California. Johnson, who had one glass eye and impaired vision in his other eye, befriended defendant, then 19 years old and homeless. Defendant lived with Johnson in a house on 14th Street with a man both knew as “Bishop,” one of Johnson’s dealers,…

Maurice Boyette was convicted in 1993 in Alameda County Superior Court of the first degree murders of Gary Carter and Annette Devallier. (Pen.Code, § 187; all further statutory references are to this code unless otherwise indicated.) The jury also sustained a special circumstance allegation that defendant committed a multiple murder (§ 190.2, subd. (a)(3)) and enhancement allegations that defendant was armed with, and used, a firearm in the commission of the murders (§§ 12022, subd. (a), 12022.5, subd. (a)). The jury also convicted defendant of being a felon in possession of a firearm. (§ 12021.) On March 25, 1993, the jury set the penalty at death under the 1978 death penalty law. (§ 190.1 et seq.) This appeal is automatic. (§ 1239, subd. (b).)

After considering the claims raised on appeal, we affirm the judgment in its entirety.

Antoine Johnson was a drug dealer in Oakland, California. Johnson, who had one glass eye and impaired vision in his other eye, befriended defendant, then 19 years old and homeless. Defendant lived with Johnson in a house on 14th Street with a man both knew as "Bishop," one of Johnson's dealers, and Donald Guillory, a habitual user of rock…