Livingston

A jury convicted defendant John Myles and a codefendant, Tony Tyrone Rogers, of the first degree murder of Fred Malouf (Pen. Code, § 187, subd. (a)), and found true the special circumstance allegations that the murder was committed while defendant and Rogers were engaged in the commission of robbery (§ 190.2, subd. (a)(17)(A)). The jury also convicted defendant of the second degree robbery of two other victims (§ 211), and unlawful possession of a firearm (former § 12021, subd. (a)(1) (now § 29800, subd. (a)(1); Stats. 2010, ch. 711, § 6)). In connection with the murder and robbery counts, the jury found true the allegations that defendant personally used a handgun. (§ 12022.5, subd. (a).)

In a separate, subsequent proceeding, the same jury convicted defendant of the first degree murder of Harry “Ricky” Byrd, and found true the special circumstance allegation that defendant had been convicted of more than one murder and the allegation that defendant personally used a handgun in the murder. (§§ 187, subd. (a), 190.2, subd. (a)(3), 12022.5, subd. (a).) After the penalty phase, it returned a verdict of death. Defendant moved for new trial (§ 1181), and for modification of…