Ledesma

After a retrial following reversal of defendant’s conviction and death sentence, defendant was convicted of first degree murder, kidnapping, and two counts of robbery, and true findings were returned on allegations that he personally used a firearm in the commission of these offenses. (Pen. Code, §§ 187, 207, 211, 12022.5, 1203.06.) Two special circumstances were found true—the intentional killing of a witness, and murder in the commission of a robbery. (Former § 190.2, subd. (c)(2), (3)(i) & (ii).) After the penalty phase of the trial, the jury returned a verdict of death and the trial court denied defendant’s motion to modify the death verdict. (§ 190.4, subd. (e).) This appeal is automatic. (§ 1239, subd. (b).) We reverse one of the robbery counts and the robbery special circumstance, but in all other respects affirm defendant’s conviction and death sentence.

I. Facts

The trial, which took place in 1989, was defendant’s second trial for offenses arising out of the robbery and murder of Gabriel Flores in 1978. Defendant first was convicted of these crimes and sentenced to death in 1980. In addition to his automatic appeal in that matter, defendant filed a habeas…