Robles

A jury found Anthony Jose Robles and Henry Garcia Banuelos guilty of the first degree murder and robbery of Victor Brill and fixed the penalties for Brill’s murder as death for Robles and life imprisonment for Banu-elos. Robles’ appeal is automatic (Pen. Code, §1239, subd. (b).) Banuelos is not aparty to this appeal.

Defendant Robles contends that the trial court should not have given an instruction to the jury on first degree premeditated and deliberate murder, as well as murder committed during the perpetration of or attempt to perpetrate a robbery. As we shall point out, sufficient evidence supports the instruction given by the trial court, and the verdict of guilt must stand. As to the jury’s determination of the penalty we consider and reject defendant’s argument that the trial court’s introductory remarks to the prospective jurors concerning defendant’s right to appeal constituted reversible error. Defendant’s contention that he should have been permitted to close the argument at the penalty phase fails because no such procedure prevailed at the date of his trial, and even if it had, its non-fulfillment could not have been prejudicial. Finally, we conclude that no…