Avila

A jury convicted defendant of kidnapping, committing two counts of lewd and lascivious acts on, and then murdering Samantha Runnion under the special circumstances of murder while kidnapping and murder while committing lewd and lascivious acts on a child under the age of 14. (Pen. Code, §§ 187, 190.2, subd. (a)(17)(B) & (E), 207, 288, subd. (b).) After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modify the verdict (§ 190.4) and imposed that sentence. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. The Facts

A. Guilt Phase

1. Prosecution Evidence

a. The Crime

Around 6:30 p.m. on July 15, 2002, five-year-old Samantha Runnion and her six-year-old friend, Sarah A., were playing outside of the Smoketree condominium complex in Stanton. Sarah observed a man driving a green car pass by them, go around the block, and approach them a second time. The man got out of the car and asked the girls, “Have you seen a little puppy?” Samantha asked about its size. Suddenly, the man grabbed Samantha, threw her, screaming and struggling, into the car, and sped away.

Samantha’s nude body was found the next day…