Navarro

Opinion of the Court by Cantil-Sakauye, C. J.

A jury convicted defendant Anthony Navarro of the first degree murder of David Montemayor and of conspiracy to commit his murder (Pen. Code, §§ 182, subd. (a)(1), 187, subd. (a)),1 as well as participation in a criminal street gang (§ 186.22, subd. (a)). The jury found true the special circumstance allegations that the murder was committed in the course of a robbery (§ 190.2, subd. (a)(17)(A)) and in the course of a kidnapping (§ 190.2, subd. (a)(17)(B)) and was committed to further the activities of a criminal gang (§ 190.2, subd. (a)(22)). Following the penalty phase of the trial, the jury returned a verdict of death. Defendant moved for a new trial and for modification of his sentence to life without the possibility of parole. The trial court denied those motions and sentenced defendant to death. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. FACTS

A. Guilt Phase Evidence 1. Prosecution evidence The murder victim, David Montemayor, was the manager and part owner of a trucking company, Interfreight Transport,

1 All further statutory references are to the Penal Code unless otherwise indicated. located in…