Stitely

A jury convicted Richard Stitely (defendant) of the first degree murder of Carol Unger. (Pen. Code, § 187, subd. (a).) 1 A related special circumstance of murder during the commission of unlawful sodomy was found true. (§ 190.2, subd. (a)(17)(D).) The jury also convicted defendant of the separate crime of forcible rape against Valery C. (§ 261, subd. (a)(2).)

After a penalty trial, the jury returned a death verdict. The trial court declined to modify the verdict (§ 190.4, subd. (e)), and sentenced defendant to death for the sodomy murder. The court also imposed and stayed a determinate term on the noncapital rape count. This appeal is automatic. (Cal. Const., art. VI, § 11, subd. (a); § 1239, subd. (b).)

We find no prejudicial error at defendant’s trial. The judgment will be affirmed in its entirety.

*523 I. Guilt Phase Evidence

A. Murder of Carol Unger and Related Sex Crimes

1. Carol’s Disappearance

Carol Unger and her husband, Delbert, frequented the White Oak Inn, a bar located near their home. 2 They went there both together and separately. The couple had one child, Joey, during their marriage. Carol had other children from a prior relationship, including her…