Mills

A Sacramento County jury convicted Jeffery Jon Mills in 1996 of the first degree murder of Sherri Farrar. (Pen. Code, § 187; all further statutory references are to this code unless otherwise indicated.) It also convicted defendant of three forcible sex crimes, all involving the murder victim: rape, sodomy, and sexual penetration. (§§261, subd. (a)(2), 286, subd. (c), 289, subd. (a).) The jury sustained special circumstance allegations that defendant murdered Farrar while engaged in the commission of the crimes of rape, sodomy, and sexual penetration. (§ 190.2, subd. (a)(17)(C), (D) & (K).) As to each count, the jury also sustained allegations that defendant personally used a deadly weapon, to wit, a knife. (§§ 12022, subd. (b), 12022.3, subd. (a).) On December 30, 1996, the jury set the penalty at death under the 1978 death penalty law. (§ 190.1 et seq.) This appeal is automatic. (§ 1239, subd. (b).) As we explain, we affirm the judgment.

I. Guilt Phase

A. Facts

Eric Thomas and victim Sherri Farrar were a young couple living in the Sacramento area. They had a young son, who was bom in 1992. On February 10, 1994, they wished to go out, and arranged to have their…