People v. Fierro

*200Opinion

ARABIAN, J.

Defendant David Rey Fierro was convicted by a jury of first degree murder (Pen. Code, § 187)1 and two counts of robbery (§ 211). The jury found true the special circumstance allegation that the murder was committed during the perpetration of a robbery (§ 190.2, subd. (a)(17)(i)), and also returned a special finding that defendant shot and killed the victim. As to each count the jury also found that defendant used a firearm to commit the offense. (§ 12022.5.) The jury fixed the penalty at death. This appeal is automatic. (§ 1239, subd. (b).)

I. Facts

A. Guilt Phase Evidence

1.…