Bracamontes

Opinion of the Court by Corrigan, J.

A jury convicted Manuel Bracamontes of the first degree murder of nine-year-old Laura Arroyo, with special circumstances for committing the murder while engaged in kidnapping, lewd act on a child under 14, and oral copulation.1 A death sentence was returned and imposed. We affirm.

I. BACKGROUND

A. Guilt Phase 1. Prosecution Evidence Luis and Laura Arroyo lived in a San Diego apartment complex with their children: Augustine, aged 11; Jose, aged 10; and Laura, aged 9. 2 Maggie Porter lived in the same complex with her three children, including four-year-old Jessica and an infant son, Manuel Jr. Laura and Jessica were “best friends” and played together almost daily. Defendant, Manuel Jr.’s

1 Penal Code sections 187, subdivision (a), 190.2, subdivision (a)(17)(B), (17)(E), (17)(F). The jury also found true an enhancement for personal deadly weapon use (Pen. Code, § 12022, subd. (b)(1)) and convicted defendant of assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd. (c)) in connection with an attempt to evade arrest. The trial court struck the enhancement and imposed a concurrent midterm on the assault count. 2 To avoid…