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People v. Mayfield1/2/1997
instruction. ( People v. Osband (1996) 13 Cal. 4th 622, 716 [55 Cal. Rptr. 2d 26, 919 P.2d 640]; People v. Memro, (supra) , 11 Cal. 4th 786, 883; People v. Davis, (supra) , 10 Cal. 4th 463, 544-545.) Moreover, as this court has explained, a defendant in a capital case "clearly has no federal or state constitutional right to have the penalty phase jury instructed to consider any residual doubt about defendant's guilt." ( People v. Rodrigues, (supra) , 8 Cal. 4th 1060, 1187.)
In rejecting defendant's proposed lingering doubt instructions, the trial court remarked that the authority cited in support of them involved retrials whereas in this case the same jury that decided guilt would be making the penalty determination. Defendant contends that these remarks effectively barred defense counsel from arguing to the jurors that they could and should consider as a mitigating circumstance any lingering doubt they might have about defendant's intent to kill Sergeant Wolfley.
Defendant reads too much into the trial court's brief and ambiguous remarks. The trial court did not direct defense counsel to refrain from arguing lingering doubt, and nothing in the record establishes that defense counsel was under the impression that such argument was precluded. Indeed, counsel's argument did appear to suggest that lingering doubt was a proper penalty consideration.
K. Defendant's Courtroom Demeanor
The defense requested that the jury be instructed to consider in mitigation "sympathy, pity, compassion, or mercy for the defendant that has been raised by any aspect of the defendant's background or character, or raised by your observation of the defendant. . . ." (Italics added.) The trial court indicated at one point that the instruction was not objectionable as to content, but apparently found that it largely duplicated other similar instructions. The italicized wording was eliminated in the final editing of instructions without further Discussion. Because the expanded section 190.3, factor (k) instructions quoted above were broad enough to include the jurors' observation of defendant in the courtroom, failure to give the requested instruction was not error.
L. Written Explanation of Verdict
Defendant contends that the jury's penalty verdict is invalid, and violates his rights to due process of law, equal protection, and a reliable penalty determination under the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution, because it is not supported by a written statement of the aggravating evidence upon which the jury relied and the reasons for selecting the penalty of death. As this court has repeatedly held, such a written statement is not required. ( People v. Rodrigues, (supra) , 8 Cal. 4th 1060, 1194-1195; People v. Wash (1993) 6 Cal. 4th 215, 272 [24 Cal. Rptr. 2d 421, 861 P.2d 1107]; People v. Price, (supra) , 1 Cal. 4th 324, 490.)
M. Cumulative Prejudice
We reject defendant's contention that the cumulative effect of asserted errors at the guilt and penalty phases of his trial denied him his federal constitutional right to a fair trial and a reliable penalty verdict (U.S. Constitution, 5th, 8th, & 14th Amends.) and requires reversal of the judgment as to penalty. We have rejected nearly all of defendant's assignments of error. When we have found error, we have concluded that defendant was not prejudiced. Whether considered singly or collectively, the guilt and penalty phase errors were inconsequential. Defendant was not denied his due process right to a fair trial.
VII. POST-TRIAL CLAIMS
A. Motion for Self-representation
Defendant contends the trial court erred
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