Loker

Defendant Keith Thomas Loker was convicted of four counts of robbery, two counts of first degree murder, and one count each of attempted murder, assault with a deadly weapon, and second degree commercial burglary. The jury also found true allegations of robbery-murder, burglary-murder, and multiple-murder as special circumstances, along with personal use of a firearm and infliction of great bodily injury. It returned a judgment of death; we affirm.

I. Factual Background

A. Guilt Phase

1. Prosecution Evidence

Defendant did not contest the facts of the crimes. His postarrest statements were consistent with the prosecution’s evidence.

On November 23, 1991, at approximately 1:00 a.m., defendant entered an adult bookstore in Fontana. He was armed with a handgun and began firing rapidly. He shot customer Jose Lopez several times, but Lopez “played dead” and survived. A bullet struck Jennifer Widmer in the head, but did not penetrate her skull. The cashier, Randall Paul, pulled Widmer to the floor. Defendant shot Paul five times. When Paul reached for a gun, defendant fired again. Paul died from his wounds. Defendant went to the back of the store and killed Richard Bodine…