Wilson

In 1988, a jury convicted defendant Robert Paul Wilson of the first degree murder (Pen. Code, §§ 187, 189) and robbery (§ 211) of Roy Swader, found that defendant used a firearm in the commission of each offense (§ 12022.5, subd. (a)), and found true a special circumstance allegation that he committed the murder during the course of a robbery. (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A).) The jury returned a verdict of death.

On petition for writ of habeas corpus, we concluded defense counsel provided ineffective assistance by failing to object to certain testimony and tape recordings rendered inadmissible under Massiah v. United States (1964) 377 U.S. 201, 206 [ 12 L.Ed.2d 246 , 84 S.Ct. 1199 ]. (In re Wilson (1992) 3 Cal.4th 945 [ 13 Cal.Rptr.2d 269 , 838 P.2d 1222 ].) We vacated the judgment in its entirety. (Id. at p. 958.) We also dismissed the companion automatic appeal as moot. (People v. Wilson (1992) 3 Cal.4th 926 [ 13 Cal.Rptr.2d 259 , 838 P.2d 1212 ].) However, “in an attempt to avoid the recurrence of error on retrial, we discuss [ed] certain issues for the guidance of the parties and the trial court on remand.” (Id. at p. 930.)

On retrial in…