Brooks

*16 A jury convicted Donald Lewis Brooks of the first degree murder of Lisa Kerr (Pen. Code, § 187, subd. (a) ), 1 and found true two special-circumstance allegations-that the murder was committed while defendant was engaged in the commission of kidnapping (§ 190.2, subd. (a)(17)(B)), and that the murder was intentional and involved the infliction of torture (§ 190.2, subd. (a)(18)). The jury also convicted defendant of arson causing great bodily injury (§ 451, subd. (a)), and stalking (§ 646.9, subd. (a)). After a penalty phase, the jury returned a verdict of death. Defendant moved for modification of his sentence to life without the possibility of parole (§ 190.4, subd. (e)). The trial court denied the motion and **496 SEE CONCURRING & DISSENTING OPINION sentenced him to death. 2 Defendant's appeal is automatic. (§ 1239, subd. (b).) For the reasons that follow, we vacate the jury's finding that the murder was committed while defendant was engaged in the commission of kidnapping, but affirm the judgment in all other respects, including the sentence of death.

I. FACTS

A. Guilt Phase Evidence

1. Prosecution evidence

Defendant met the homicide victim, Lisa Kerr, in October 1997…