Trujeque

In 1999, a jury convicted defendant Tommy Adrian Trujeque of first degree murder of Max Facundo (Pen. Code, § 187, subd. (a)), second degree murder of Raul Luis Apodaca (§ 187, subd. (a)), and second degree robbery of Ronni Mandujano and Spartan Burgers restaurant (§ 211). As to all three counts, it found that defendant personally used a deadly and dangerous weapon, respectively, a knife, a screwdriver, and a handgun. (Former §§ 12022, 12022.5, subd. (a)(1), 12022.53, subd. (b).) Waiving a jury trial, defendant stipulated to a 1971 prior second degree murder conviction alleged as a special circumstance, and admitted other prior convictions alleged in the information. As to both murder counts, the jury found true the special circumstance allegation of multiple murder (§ 190.2, subd. (a)(3)), while the trial court found true the prior murder special-circumstance allegation (§ 190.2, subd. (a)(2)). 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 a sentence of death, along with an additional consecutive term of 25 years to life in prison for the robbery count. The trial court also…