Gonzalez

Opinion of the Court by Groban, J.

A jury found defendant Frank Christopher Gonzalez guilty of first degree murder and attempted second degree robbery. (See Pen. Code, § 187, subd. (a), former §§ 189, 211, 664.)1 The jury also found true a robbery-murder special- circumstance allegation and an allegation that defendant personally and intentionally discharged a firearm in committing the murder. (Former §§ 190.2, subd. (a)(17), 12022.53, subds. (b), (c), (d).) At the penalty phase, the jury returned a death verdict, and the trial court entered a judgment of death. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); § 1239, subd. (b).) We affirm the judgment.

I. BACKGROUND

A. Guilt Phase 1. The shooting and initial investigation At around 6:00 a.m. on March 28, 2006, Genaro Huizar arrived at his home on Eucalyptus Avenue in Long Beach. After parking his car, he observed two men on bicycles ride past him. One of the bicycles looked like a “10-speed”; the other bike was smaller. Huizar continued walking and entered his home. Moments later he heard between three and five gunshots.

1 Unless otherwise noted, all further statutory citations are to the Penal Code. …