Mendoza

Defendant Martin Mendoza was convicted by a jury of the first degree murders of Sandra Resendes, Eric Resendes, and Wendy Cervantes (Pen. Code, § 187, subd. (a)), as to which the special circumstance of multiple murder was found to be true. (§ 190.2, subd. (a)(3).) Defendant was also convicted of the attempted murders of Julio Cervantes, Antonio Cervantes, and San Bernardino Sheriff’s Department Deputies Mark Kane and Stan Gordon (§§ 187, subd. (a), 664), and assault with a semiautomatic firearm on Rocio Cervantes and Sergio Mendoza (§ 245, subd. (b); former § 12022.5, subds. (a), (d) ). The jury found true the special allegation that defendant personally used a semiautomatic firearm. (Former § 12022.5, subd. (b)(2).) The jury returned a death verdict. The trial court declined to modify the verdict (§ 190.4, subd. (e)), and sentenced defendant to death on the murder counts. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); § 1239, subd. (b).) We affirm the judgment.

I. Factual Background

A. Guilt Phase

1. Prosecution’s Case

Defendant lived with Rocio Cervantes, his wife, in Carson City, Nevada. Living with them were Rocio’s two teenage children from a…