Duenas

A jury convicted defendant Enrique Parra Dueñas of the first degree murder of Los Angeles County Sheriff’s Deputy Michael Hoenig. (Pen. Code, §§ 187, 189; all further statutory references are to the Penal Code unless otherwise indicated.) The jury found true the special circumstance allegations that defendant committed the murder to avoid a lawful arrest (§ 190.2, subd. (a)(5)), and that he knew or should have known that the victim was a peace officer performing his duties (§ 190.2, subd. (a)(7)). The jury also found that defendant was armed with and personally used a firearm during the offense. (§§ 1203.06, subd. (a)(1)(A), 12022.5, subd. (a).)

At the penalty phase, the jury returned a verdict of death. The trial court denied defendant’s automatic application to modify the verdict (§ 190.4, subd. (e)) and sentenced him to death. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. Factual Background

A. Guilt Phase

1. Prosecution case

On the evening of October 29, 1997, defendant used methamphetamine at a “dope house” in South Gate, Los Angeles County. At approximately 1:00 the next morning, defendant was in the same city, riding a bicycle south…