Mungia

A jury convicted defendant John Mungia of the first degree murder of Alma Franklin. (Pen. Code, §§ 187, 189; all further statutory references are to the Penal Code unless otherwise indicated.) It found true special circumstance allegations that the murder was committed while defendant was engaged in the commission of robbery (§ 190.2, former subd. (a)(17)(i), now subd. (a)(17)(A)) and burglary (§ 190.2, former *1106 subd. (a)(17)(vii), now subd. (a)(17)(G)), and that the murder was intentional and involved the infliction of torture (§ 190.2, subd. (a)(18)). At the penalty phase, the jury returned a verdict of death.

After defendant waived a jury trial on the issue, the trial court found true the allegations that defendant had previously been convicted, within the meaning of section 667, subdivisions (c) and (e), of attempted murder (§§ 187, 664), mayhem (§ 203), and three counts of robbery (§ 211). The trial court denied the automatic application to modify the verdict (§ 190.4, subd. (e)) and sentenced defendant to death; in light of the death sentence, no sentence enhancements were imposed for the prior convictions.

This appeal is automatic. (§ 1239, subd. (b).) We…