Tran

Opinion of the Court by Liu, J.

A jury convicted defendant Ronald Tri Tran of first degree murder for the killing of Linda Park. (Pen. Code, § 187, subd. (a); all statutory references are to the Penal Code unless otherwise specified.) The jury found true the special circumstances of robbery murder (§ 190.2, subd. (a)(17)(A)), burglary murder (§ 190.2, subd. (a)(17)(G)), and torture murder (§ 190.2, subd. (a)(18)). It also found true the enhancement that Tran committed the murder for the benefit of, at the direction of, or in association with a criminal street gang. (§ 186.22, subd. (b)(1).) Following the penalty phase, the jury returned a verdict of death on November 5, 2007. The trial court denied Tran’s motions for a new trial and for reduced punishment, denied the automatic motion to modify the verdict (§ 190.4, subd. (e)), and sentenced Tran to death. This appeal is automatic. (§ 1239, subd. (b).) We strike the gang enhancement but otherwise affirm the judgment.

I. FACTUAL BACKGROUND

Tran was tried jointly with Noel Plata. Both were sentenced to death. Plata died on December 14, 2020, and we ordered proceedings as to Plata abated, so we confine our review to…