McWhorter

A jury convicted defendant Richard Allen McWhorter of the first degree murders of Shirley and Joey Jordan (Pen. Code, § 187), and first degree residential robbery (§ 212.5, subd. (a)). Special circumstance allegations of multiple murder (§ 190.2, subd. (a)(3)) and robbery murder (§ 190.2, subd. (a)(17)(A)) were found true in connection with each count of murder. After a penalty trial, the jury returned a verdict of death. The trial court denied the automatic motion to modify the penalty verdict (§ 190.4, subd. (e)) and imposed the death sentence. This appeal is automatic. (§ 1239, subd. (b).) We shall order one of the two multiple-murder special-circumstance findings and an erroneously imposed parole revocation fine stricken from the judgment, and affirm the judgment as modified.

I. Facts

A. Guilt Phase

The victims in this case, Shirley Jordan and her 10-year old son, Joey, were murdered in their Bakersfield apartment on September 11, 1995. Their badly decomposed bodies were discovered approximately one week later by friends and neighbors suspecting foul play. The prosecution’s evidence, including admissible portions of defendant’s taped confession, established that…