McDaniel

Opinion of the Court by Liu, J.

Defendant Don’te Lamont McDaniel was convicted of two counts of first degree murder for the shootings of Annette Anderson and George Brooks, two counts of attempted murder for the shootings of Janice Williams and Debra Johnson, and possession of a firearm by a felon. (Pen. Code, §§ 187, subd. (a), 664 & 187, subd. (a), former 12021, subd. (a)(1); all undesignated statutory references are to the Penal Code.) The jury found true the special circumstance of multiple murder. (§ 190.2, subd. (a)(3).) The jury also found true the allegations of intentional discharge and use of a firearm, intentional discharge resulting in great bodily injury and death, and commission of the offense for the benefit of, at the direction of, and in association with a criminal street gang. (§§ 12022.53, subd. (d), 122022.53, subds. (d) & (e)(1), 186.22, subd. (b)(l).) After the first penalty phase jury deadlocked, a second jury delivered a verdict of death on December 22, 2008. This appeal is automatic. (§ 1239, subd. (b).) We affirm.

I. FACTS

A. Guilt Phase 1. Prosecution Case The events occurred in and around Nickerson Gardens, a large public housing complex in Southeast…