Souza

A jury convicted defendant Matthew A. Souza of the first degree murders of Regina Watchman, Dewayne Arnold, and Leslie K. Trudell (Pen. Code, § 187), and the attempted premeditated murders of Rodney James and Beulah John (Pen. Code, §§ 187, 664). An allegation of multiple-murder special circumstance (§ 190.2, subd. (a)(3)) was found true, and defendant was found to have personally used a deadly weapon (an automatic rifle) in the commission of the murder (§ 12022.5). Following the penalty phase of the trial, the jury returned a verdict of death against defendant. The trial court denied the automatic motion to modify the penalty (§ 190.4, subd. (e)), and imposed a sentence of death, with additional consecutive terms of 25 years to life in prison on each of the three murder convictions plus 10 years for the firearm use, and concurrent life terms on both attempted murder convictions, all of which were ordered stayed pending imposition of the judgment of death. Defendant’s appeal is automatic. (§ 1239, subd. (b).) We strike and modify the restitution orders; as so modified, we affirm the judgment.

I. FACTS

A. Introduction

In retaliation for an earlier incident in which…