Chatman

A jury convicted Erik Sanford Chatman of first degree murder under the special circumstance of torture murder and with use of a knife. The jury acquitted him of robbery and rejected a related robbery-murder special-circumstance allegation. It did find defendant guilty of the lesser offense of grand theft. After the jury returned a death verdict, the court denied defendant’s motion to modify the verdict and imposed sentence. In this automatic appeal, we affirm the judgment.

I. Facts

A. Guilt Phase

1. Overview

On October 7, 1987, defendant stabbed Rosellina Lo Bue to death at a Photo Drive Up store in San Jose. He stabbed Lo Bue 51 times and took cash from the store. The only eyewitness was defendant’s son, Mario, then two and a half years old.

These facts are undisputed. Contested at trial was what specific crimes defendant had committed. While the prosecution alleged first degree murder, robbery, and attendant special circumstances, defendant contended he was guilty only of manslaughter or second degree murder and innocent of robbery.

2. Prosecution Evidence

Lo Bue worked at the store along with defendant’s wife, Yvonne Chatman. Yvonne usually worked from 9:00 a.m.…