Weaver

After defendant La Twon R. Weaver waived a jury trial, the court found him guilty of the first degree murder of Michael Broome (Pen. Code, § 187, subd. (a)) under the special circumstances of robbery and burglary murder (§ 190.2, subd. (a)(17)), of robbery (§ 211), and of burglary (§ 459). It also found defendant personally used a firearm in committing each of the offenses (§ 12022.5, subd. (a)) and personally inflicted great bodily injury in committing the robbery and the burglary (§ 12022.7, subd. (a)). After a penalty trial, the court returned a verdict of death, and it imposed that sentence. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. The Facts

A. Guilt Phase

On May 6, 1992, while robbing a jewelry store, a man identified as defendant shot and killed the store’s owner, Michael Broome. The only contested issue at trial was whether defendant was the man who committed the crime. Defendant challenged the prosecution evidence and elicited evidence on cross-examination of prosecution witnesses, but he presented no guilt phase witnesses of his own.

Broome owned Shadowridge Jewelers, located in a shopping center in Vista, California. Sometime…