Leon

During a month-long crime spree in Los Angeles County, defendant Richard Leon committed a string of armed robberies, murdered two store clerks, and was eventually arrested after a high-speed chase. A jury convicted him of two counts of murder, 16 counts of robbery, three counts of assault with a deadly weapon, 1 and two counts relating to the chase. 2 It found defendant personally used a firearm during all offenses except the evasion charges and one robbery. 3 It found true the special circumstances of robbery murder and multiple murder 4 and fixed the penalty at death. We affirm the conviction but reverse the penalty determination due to the erroneous exclusion of three prospective jurors.

I. BACKGROUND

A. Guilt Phase

1. Incidents

Defendant committed some crimes with one or two accomplices. Witnesses typically described him as White and his partners as Black.

a. January 14: Chan’s Shell Service Station Robbery

Around 7:00 p.m. on January 14, 1993, defendant walked into a Hollywood service station, held the manager at gunpoint, and demanded that he open the register. Manager David Su complied. Defendant emptied the register, ordered Su to the ground, and threatened…

Concurring. — Today’s opinion reverses the penalty verdict because the trial court erred under Wainwright v. Witt (1985) 469 U.S. 412 [ 83 L.Ed.2d 841 , 105 S.Ct. 844 ] in dismissing several jurors for cause. Thus, the court’s rejection of defendant’s penalty-related claims that the trial court erred in denying his motion to add questions to the questionnaire and in truncating voir dire (maj. opn., ante, at pp. 585-589) is dicta, and I do not join those portions of today’s opinion. In all other respects, I concur.

I. BACKGROUND

A. Guilt Phase 1. Incidents Defendant committed some crimes with one or two accomplices. Witnesses typically described him as White and his partners as Black. a. January 14: Chan’s Shell Service Station Robbery Around 7:00 p.m. on January 14, 1993, defendant walked into a Hollywood service station, held the manager at gunpoint, and demanded that he open the register. Manager David Su complied. Defendant emptied the register, ordered Su to the ground, and threatened to kill him if he moved. Another employee, Roberto Zaldivar, emerged from the bathroom and saw Su lying on the floor. Defendant ordered Zaldivar back into the bathroom, where he stayed for about two minutes. When he emerged defendant was gone. The crime was recorded on videotape and shown to the jury. Su described the robber as a ―skinny‖ White man, approximately six feet tall, 150 to 155 pounds, in his mid-30s, with a mustache and dark hair in a ponytail. A week or two after the robbery, Su picked defendant‘s photo from a group of six photographs (photo array). Su also selected defendant at a live lineup and identified him at trial. b. January 19: Ben’s Jewelry Robbery Around 1:00 or…