Fairbank

Defendant tortured Wendy Cheek and then killed her. A week earlier, he had sexually assaulted a different woman. Defendant pleaded guilty to first degree murder and admitted the special circumstances of attempted oral copulation and torture. After a penalty trial, the jury returned a verdict of death. We affirm.

Facts and Procedural Background

The information filed April 25, 1986, charged defendant with first degree murder (Pen. Code, § 187) 1 and alleged that he committed the murder while attempting to commit rape (former § 190.2, subd. (a)(17)(iii)) and unlawful oral copulation (former § 190.2, subd. (a)(17)(vi)). The information also alleged that the murder involved torture (§ 190.2, subd. (a)(18)) and that defendant used a deadly weapon (§ 12022, subd. (b)). The information alleged defendant had two prior felony convictions (former § 667.5, subd. (b)): possession of a concealed firearm by a felon (§ 12021) and receiving stolen property (former § 496, subd. 1). Defendant admitted the two prior felony convictions before trial. Testimony began in defendant’s trial on March 21, 1989. Two days later, defendant pleaded guilty to first degree murder and admitted the…