Lewis

I generally concur in the majority opinion. I disagree, however, with its analysis of the issue described below.

At the penalty phase of defendant’s capital trial, the prosecution introduced evidence that one morning at the Fresno County jail, defendant called a guard to complain that another inmate had not received his breakfast tray. He said that if the inmate did not receive the tray, “there was going to be some disturbance” that would involve a fire. Thereafter, defendant set fire to his bed sheet, which he then threw into a trash can outside his cell. Other *396 prisoners who had made similar calls burned bedding and pieces of paper. At trial, defendant did not object to this evidence, but he now argues it was inadmissible because it did not fall within the aggravating factors set forth in Penal Code section 190.3.

The majority correctly holds that because at trial defendant did not object to the evidence in question, he may not now challenge its admissibility. The majority goes on to state, however, that even if defendant had objected, the evidence would have been admissible as evidence of “criminal activity by the defendant which involved the express or implied threat to…

A jury convicted defendant Raymond Anthony Lewis of the first degree murder (Pen. Code, 1 §§ 187, 189) and robbery (§211) of Sandra Simms, and found true the allegation that he personally used a deadly weapon, i.e., a wooden object, to commit the crimes. (§ 12022, subd. (b).) The jury also found true the special circumstance allegation that defendant committed the murder in the course of a robbery. (§ 190.2, subd. (a)(17)(A).) Defendant admitted suffering three prior convictions.

After the penalty trial, the jury returned a verdict of death, and the trial court imposed the sentence. The trial court denied his motion for a new trial or to modify the verdict (§ 1181, subds. 6 & 7), and his automatic application for modification of the verdict. (§ 190.4, subd. (e).) This appeal is automatic. (Cal. Const., art. VI, § 11; § 1239, subd. (b).) For reasons that follow, we affirm the judgment in its entirety.

I. Facts

A. Guilt Phase

1. Prosecution Evidence

The prosecution’s main witness, Paul Pridgon, testified that he saw defendant repeatedly beat Sandra Simms with a two-by-four wooden board, strangle her, and take money from her person.

On June 6, 1988, the night of the…