Brown

A jury convicted defendant John George Brown, Jr., of first degree murder, found true the special circumstance allegation of intentionally killing a peace officer engaged in the performance of his duties, and returned a verdict of death. On automatic appeal, this court affirmed the judgment in its entirety. (People v. Brown (1988) 46 Cal.3d 432 [ 250 Cal.Rptr. 604 , 758 P.2d 1135 ] (Brown I).) On petition for writ of habeas corpus, however, we found Brady error (Brady v. Maryland (1963) 373 U.S. 83 [ 10 L.Ed.2d 215 , 83 S.Ct. 1194 ]) in the prosecution’s failure to disclose that the result of a radioactive immunoassay of a blood sample taken from defendant shortly after the crimes was positive for phencyclidine. (In re Brown (1998) 17 Cal.4th 873 [ 72 Cal.Rptr.2d 698 , 952 P.2d 715 ].)

On retrial, a jury again convicted defendant of first degree murder and found true the special circumstance allegation. (See Pen. Code, § 190.2, subd. (a)(7); all undesignated statutory references are to the Penal Code.) 1 The second jury also returned a death verdict. This appeal is automatic. (Cal. Const, art. VI, § 11; Pen. Code, § 1239.) We find no reversible error and affirm the…