Elliott

Defendant Marchand Elliott appeals from a judgment of death upon his conviction by jury verdict of one count of murder in the first degree (Pen. Code, §§ 187, 189), with the special circumstance of murder during the commission of a robbery (§ 190.2, subd. (a)(17)). The jury found him guilty also of one count each of robbery (§ 211) and assault with a deadly weapon (§ 245, subd. (a)(1)), and it found that he personally used a handgun to commit both the robbery and the assault (§ 12022.5). At the penalty trial, the jury returned a verdict of death for the murder. The trial court denied the automatic motion to modify the penalty (§ 190.4, subd. (e)) and sentenced defendant to death.

This appeal from the judgment of death is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. Facts and Proceedings

A. Prosecution’s Guilt Phase Case-in-chief

1. Robbery and assault at Boys Market

Around 9:45 a.m. on October 31, 1988, an armored car driven by a man named Ramirez stopped in the parking lot of the Boys Market on North La Brea Avenue, in Inglewood, Los Angeles County. Joseph Swal, Ramirez’s partner, got out to retrieve a shopping cart, which Ramirez then loaded with a…