Lenart

A jury convicted Thomas Howard Lenart of the first degree murder of Oberta Toney (Pen. Code, § 187) and found true the special circumstance that the murder was committed in the course of, or flight after, a robbery (former § 190.2, subd. (a)(17)(i)). It also convicted him of the robbery of Toney (§ 211) and the attempted murder of Eleanor Gallardo (§§ 664 , 187), and it found that the attempted murder was willful, deliberate and premeditated. As to each of these crimes, the jury found that defendant had personally used a firearm. (§ 12022.5, subd. (a).) Lastly, the jury convicted defendant of being a convicted felon in possession of a firearm (§ 12021). After a court trial, defendant was found to have three prior convictions for serious felonies (§ 667, subd. (a)). At the penalty phase, the jury returned a verdict of death. Defendant’s appeal to this court is automatic. (§ 1239, subd. (b).)

We affirm the judgment.

I. Facts

A. Guilt Phase—Prosecution Case

About noon on July 15, 1993, Eleanor Gallardo stopped at the Anderson Lounge in Anderson, Shasta County. After parking behind the building, she entered the bar through the back door. Almost immediately she was…