Poore

Opinion of the Court by Corrigan, J.

Defendant Christopher Eric Poore shot and killed Mark Kulikov and took two carloads of his property. He was convicted of first degree murder, robbery, burglary, and firearm possession by a felon.1 The jury found that defendant had fired a gun and committed the murder for financial gain and by means of lying in wait2 but rejected all gang enhancement allegations.3 The penalty was set at death. The court denied a motion to modify the death verdict, imposed a $10,000 restitution fine, and stayed additional sentences totaling 41 years to life in prison. We affirm the judgment.

I. BACKGROUND

A. Guilt Phase 1. Prosecution Evidence a. Planning In 1998, defendant was housed in Pelican Bay State Prison (Pelican Bay). Prison authorities had “validated” him as

1 Penal Code sections 187, subdivision (a), 211, 459, and 12021, subdivision (a)(1). 2 Penal Code sections 190.2, subdivision (a)(1) and (a)(15), 12022.5, subdivision (a), 12022.53, subdivision (d), 1192.7, subdivision (c)(2) and (c)(8). 3 Penal Code section 186.22, subdivision (b)(1). All further statutory references are to the Penal Code unless otherwise specified. an associate of the Aryan…