Ortega

The trial court, sitting without a jury, found Florentino Ortega guilty of murder in the first degree and of three counts of robbery, and concluded that he was *622 sane at the time the offenses were committed. The appeal from the judgment imposing the death penalty is automatic. (Pen. Code, § 1239b.)

The murder occurred during the course of a robbery by Ortega of a liquor store owned by Irving Oren. Displaying a gun, Ortega robbed the proprietor of his wallet and then compelled him to lie on the floor while he looted the cash register and cashbox. As several customers entered the store, each was ordered to empty his pockets and to lie on the floor, Ortega accompanying his commands with statements that he intended to kill each of them.

One of the customers was the decedent, Rogers. He was forced to a kneeling position facing Ortega. When Rogers turned his pockets out, a dime fell onto his thigh. Ortega approached him and said, “Give me the rest of your money.” Rogers replied that he had no more. Pointing to the coin on Rogers’ leg, Ortega said, “You are holding out on me; there is a dime.” Asked if he wanted the dime placed on the counter, Ortega replied, “No; hand it to me like…