McKinzie

A jury convicted defendant Kenneth McKinzie of first degree murder (Pen. Code, §§ 187, subd. (a), 189) and found true the robbery-murder and burglary-murder special circumstance allegations (Pen. Code, § 190.2, subd. (a)(17); all undesignated statutory references hereafter are to this code). The jury also convicted defendant of first degree robbery (§§211, 212.5, subd. (a)), first degree burglary (§§ 459, 460, subd. (a)), carjacking (§ 215, subd. (a)), and kidnapping for robbery (§ 209, subd. (b)), finding as to these counts that the victim was 65 years old or older (§ 667.9, subd. (a)). The jury additionally convicted defendant of two counts of second degree burglary (§§ 459, 460, subd. (b)). The jury deadlocked during the penalty phase, and the trial court declared a mistrial. A second jury was empanelled and, after a new penalty phase, returned a verdict of death. The trial court imposed a sentence of death for the murder. With respect to the remaining counts, the trial court imposed a prison term of life for the kidnapping count plus one year for the elderly victim enhancement, the upper term of nine years for carjacking plus one year for the elderly victim…