Famalaro

A jury found defendant John Joseph Famalaro guilty of the first degree murder of Denise Huber. (Pen. Code, §§ 187, 189.) It found true special circumstance allegations that her murder was committed while defendant was engaged in kidnapping (§ 190.2, former subd. (a)(17)(ii), now § 190.2, subd. (a)(17)(B)) and in the commission or attempted commission of sodomy (§ 190.2, former subd. (a)(17)(iv), now § 190.2, subd. (a)(17)(D)). At the trial’s penalty phase, the jury returned a verdict of death. The trial court denied defendant’s motion for a new trial (§ 1181) as well as the automatic application to modify the penalty (§ 190.4, subd. (e)), and it sentenced defendant to death. This appeal is automatic. (§ 1239, subd. (b).) We affirm the judgment.

I. Facts and Proceedings

A. Guilt Phase

1. Prosecution’s case

a. The disappearance of Denise Huber: June 1991

On the evening of June 2, 1991, 23-year-old Denise Huber left her parents’ home in Newport Beach and drove to Huntington Beach to pick up a friend, Robert Calvert. Denise had two tickets for a popular music concert that night in Inglewood, but her boyfriend, Steven Horrocks, could not accompany her. Horrocks asked his…