Howard

Demetrius Charles Howard was convicted of first degree murder and attempted second degree robbery. 1 The jury found as a special circumstance that the murder was committed while defendant was engaged in the attempted robbery. 2 It returned a verdict of death. We affirm the judgment.

I. FACTS

The facts are summarized here for background purposes. Further factual and procedural details are provided in the discussion of defendant’s claims on appeal.

A. Guilt Phase

1. Prosecution

Cedric Torrence had known defendant for about four years at the time of trial. They lived in the same area of San Bernardino, and Torrence had fathered a child with defendant’s sister. Torrence testified that on December 6, 1992, he picked up defendant to play football. Before the game, defendant hid a black .357-caliber handgun under a mattress at Torrence’s house. After the game defendant retrieved the gun and put it in his belt. He wore black pants and a large white pullover sweater.

It was then evening. Torrence and defendant went across the street to a friend’s house, where a number of people were drinking, talking, and smoking marijuana in the garage. Among those present was Mitchell…