Myles

A jury convicted defendant David James Livingston of the first degree murders of Roderico Armando Paz and Remigio Perez Malinao under the special circumstances of multiple murder and lying in wait, of three counts of premeditated attempted murder, and of possession of a firearm by a felon. As to the murder and attempted murder counts, the jury found true firearm and criminal-street-gang-enhancement allegations. As to the attempted murder counts, the jury also found true that defendant personally inflicted great bodily injury. (Pen. Code, §§ 186.22, subd. (b)(1), 187, 190.2, subd. (a)(3), 190.2, former subd. (a)(15), 664; former §§ 12021, subd. (a)(1), 12022.53, subds. (b), (c), 12022.7, subd. (a).)

After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modify the verdict. (§ 190.4.) It sentenced defendant to death on the murder counts. Additionally, it sentenced him to state prison on the other counts but stayed that sentence under section 654. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. The Facts

A. Guilt Phase

The murder and attempted murder charges arose out of two separate incidents. On…