Romero

A jury convicted defendant Gerardo Romero of the murder of Eugene Afable (Pen. Code, § 187; all further statutory references are to the Penal Code unless otherwise indicated); the murder of Reynaldo Hau (§ 187); the attempted willful, deliberate, and premeditated murder and attempted second degree robbery of Francisco Piceno (§§ 664, 187, 211); the second degree robbery of Gabriel Hau Cruz (§ 211); and the attempted second degree robbery of Jose Aguilar (§§ 664, 211). The jury found true the special circumstance allegations of multiple murder (§ 190.2, subd. (a)(3)), and found that Reynaldo Hau was murdered during a robbery (§ 190.2, subd. (a)(17)(A)). The jury also found true allegations that defendant inflicted great bodily injury upon Francisco Piceno (§ 12022.7, subd. (a)) and personally used a firearm in the commission of each offense (§ 12022.5, subd. (a)). The jury returned a verdict of death, and the trial court sentenced defendant to death. This appeal is automatic. (§ 1239, subd. (b).)

I. Facts and Proceedings

A. Guilt Phase

1. Prosecution’s case

On October 9, 1994, Ismael Magallanes was working as the manager of the J & L Video Store at the intersection of…