McCurdy

A jury convicted defendant Gene Estel McCurdy of the first degree murder (Pen. Code, § 187, subd. (a)), kidnapping (§ 207, subd. (a)), and kidnapping with the purpose to commit a lewd act on a child under 14 years old (§ 207, subd. (b)) of Maria Piceno. The jury found true the special circumstance allegation of kidnapping murder. (§ 190.2, subd. (a)(17)(B).) The jury returned a verdict of death. The trial court denied defendant’s automatic motion to modify the penalty verdict (§ 190.4, subd. (e)), sentenced him to death on the murder count, and suspended the imposition of sentencing on the remaining counts.

This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. Facts

Eight-year-old Maria Piceno disappeared on March 27, 1995, and her body was discovered approximately two weeks later. At trial, defendant admitted being in the vicinity of Piceno’s last known whereabouts, but denied kidnapping or killing her.

A. Guilt Phase

1. Prosecution Evidence

Around 3:00 p.m. on March 27, Arcelia Ferrel sent her eight-year-old daughter Maria Piceno to buy some food at Food King, a store two blocks away from their Lemoore apartment. About 20 minutes later, Ferrel…