Robinson

Defendant James Robinson, Jr., appeals from a judgment of the Los Angeles Superior Court imposing a sentence of death following his conviction of two counts of first degree murder of James White and Brian Berry (Pen. Code, § 187, subd. (a)) 1 and one count of second degree robbery (id., § 211). The jury found true both robbery-murder and multiple-murder *597 special-circumstance allegations. (§ 190.2, subd. (a)(3) & (17).) The jury also found true the allegations that defendant personally used a firearm in the commission of the offenses. (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a).) After the initial penalty phase proceedings ended in mistrial, a new jury was selected to consider the question of penalty, and that jury fixed the punishment at death. In addition to imposing a judgment of death for each murder conviction, the trial court sentenced defendant to the midterm of three years for the robbery plus four years for the weapons enhancements. Defendant’s appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment in its entirety.

I. Facts

A. Guilt Phase Evidence

1. The prosecution’s case

Defendant James Robinson, Jr., was a student at California State…

I concur in the majority opinion. The majority correctly concludes that defendant has waived the issue of whether the nature and extent of the victim impact evidence presented was properly admitted, because defense counsel failed to bring an in limine motion to restrict admission of the evidence. (Maj. opn., ante, at p. 652; see People v. Pollock (2004) 32 Cal.4th 1153, 1180 [ 13 Cal.Rptr.3d 34 , 89 P.3d 353 ] [trial counsel successfully moved to limit the scope of the victim impact testimony before the commencement of such testimony].) Although the majority does not decide the merits of defendant’s claim, I write separately to express my view that a certain type of testimony by the victims’ families in this case was not properly admissible as victim impact evidence.

The proper purpose of victim impact evidence was set forth in Payne v. Tennessee (1991) 501 U.S. 808 [ 115 L.Ed.2d 720 , 111 S.Ct. 2597 ] (Payne). In approving the very brief victim impact testimony in that case, the court stated: “ ‘[T]he State has a legitimate interest in counteracting the mitigating evidence which the defendant is entitled to put in, by reminding the sentencer that just as the murderer should be…

Defendant James Robinson, Jr., appeals from a judgment of the Los Angeles Superior Court imposing a sentence of death following his conviction of two counts of first degree murder of James White and Brian Berry (Pen.Code, § 187, subd. (a)) [1] and one count of second degree robbery ( id., § 211). The jury found true both robbery-murder and multiple-murder special-circumstance allegations. (§ 190.2, subd. (a)(3) & (17).) The jury also found true the allegations that defendant personally used a firearm in the commission of the offenses. (§§ 1203.06, subd. (a)(1); 12022.5, subd. (a).) After the initial penalty phase proceedings ended in mistrial, a new jury was selected to consider the question of penalty, and that jury fixed the punishment at death. In addition to imposing a judgment of death for each murder conviction, the trial court sentenced defendant to the midterm of three years for the robbery plus four years for the weapons enhancements. Defendant's appeal is automatic. (§ 1239, subd. (b).)

We affirm the judgment in its entirety.

Defendant James Robinson, Jr., was a student at California State University, Northridge (CSUN), where he lived in a dormitory and…