Full opinion text
Opinion PANELLI, J. A jury convicted Curtis Lynn Fauber of robbery (Pen. Code, § 211), burglary (§§ 459, 460, 462, subd. (a), 667) and first degree murder (§ 187), finding true the special allegations that he intentionally committed the murder while engaged in the commission of the robbery and burglary (§ 190.2, subd. (a)(17)) and that he personally used a deadly weapon (an ax) in committing the offenses (§ 12022, subd. (b)). Following a penalty trial, the jury returned a verdict of death. This appeal is automatic. (§ 1239, subd. (b).) The judgment is affirmed. I. Guilt Phase Facts A. Prosecution Case Early in the summer of 1986, defendant travelled from New Mexico, where he had grown up, to Ventura to visit Brian Buckley, whom he had befriended in 1985 while both were serving in the Army. Buckley was living in his mother’s apartment on Crimea Street. Defendant stayed either in the apartment or in a trailer, which Buckley’s mother kept in the lot near the apartment. While Buckley’s mother was away on a trip to Illinois, defendant and Buckley socialized with Buckley’s neighbors, Jan Jarvis and Mel Rowan. (Rowan, who had been convicted of delivery of a controlled substance and burglary of a habitation in Texas, and had violated his parole, was using the name ‘Tim Johnson” to escape detection by law enforcement authorities.) Jarvis, Rowan, Buckley, and defendant used drugs together. In June or July 1986, defendant and Buckley visited Rowan’s apartment, bringing a shotgun and a gram scale. Defendant borrowed a hacksaw and began to saw off the barrel of the shotgun. In the course of conversation, Jarvis mentioned she had a former boyfriend, named Tom Urell, who sold cocaine. Defendant or Buckley asked where he lived. She drew a map showing the location and layout of Urell’s house and said he had a lot of cocaine in a safe. Buckley, Rowan, and defendant discussed burglarizing the house. A week later, Rowan and Jarvis drove by Urell’s beachfront house in Oxnard with defendant and Buckley, on a motorcycle, following. Rowan or Jarvis pointed out the house. Rowan told defendant to “rip off” Urell “now,” but defendant said they wanted to check it out some more. They saw a Chevrolet El Camino pickup truck parked in Urell’s driveway. At defendant’s suggestion, he and Buckley twice returned to “scope out” the house. Defendant did not testify at trial, and the only account of the murder was provided by the testimony of Brian Buckley. 13etween four days and one week after the initial drive-by, defendant and Buckley went on defendant’s motorcycle to Urell’s house. It was about midnight. Defendant parked the motorcycle about half a block from the house. Defendant brought a backpack or bag containing a bandanna, gloves, a hat, and the shotgun he had been sawing at Rowan’s apartment. Buckley brought a bag containing a .22-caliber pistol, a bandanna, gloves, and a knit stocking hat. One of them had a roll of duct tape. They walked down to the beach, donned hats, gloves and bandannas, and loaded their weapons. It was defendant’s idea to bring the weapons and to wear the bandannas so that they would not be identified. Defendant told Buckley he might have to kill Urell to prevent him from being a witness. They entered the house and defendant led the way to the bedroom. Urell, who was asleep in bed, woke when they approached. Using a false Mexican accent, defendant told Urell not to move. Urell told them to take anything they wanted and not to hurt him. Defendant directed Urell to lie on his stomach. While Buckley held the shotgun, defendant taped Urell’s wrists behind his back. Defendant and Buckley searched the drawers in the room, and defendant asked Urell for the combination to the safe. Urell said he did not know the combination and the safe contained nothing valuable. Buckley found cocaine paraphernalia, rolls of quarters, and a few silver dollars in Urell’s bedroom. He put these items in his bag. Defendant took a baggie of cocaine and a calculator. Defendant found an ax under the bed and asked Urell what he was doing with it. Then he raised the ax, turned it in his hands, and hit Urell in the back of the neck. Buckley, who was holding the shotgun, heard the thud of the blow and a hissing sound coming from Urell as if he were having a hard time breathing. Buckley left the bedroom and went into the kitchen. Defendant hit Urell again and the hissing noise became quieter or stopped. Only a second or two elapsed between the first and second blows. Defendant may have hit Urell a third time while Buckley was in the kitchen. Defendant emerged from the bedroom. He and Buckley discussed putting the safe into Urell’s pickup truck. Buckley asked defendant if Urell were dead. Defendant responded that he did not know. Defendant returned to the bedroom, and Buckley heard two more hits. They loaded the safe onto the truck. Defendant drove back to Buckley’s apartment, while Buckley drove defendant’s motorcycle. Defendant knocked on Rowan’s door about 1 a.m., asking for the key to the storeroom underneath the apartment. Rowan gave it to him, got dressed, and went downstairs. He helped defendant unload the safe from the El Camino. Defendant told Rowan that Urell had not been at home. Rowan returned to his apartment to talk to Jarvis. Later, Rowan went back downstairs and noticed the outer door of the safe was open. Defendant told him he had found the combination in a jewelry box. Buckley went to the trailer and was joined by defendant and Rowan. Buckley was putting a .22-caliber pistol and shotgun in the trailer and opening a briefcase that had been in the El Camino. Rowan asked if they had got any cocaine; defendant said they had not. Rowan again returned to his apartment. Defendant and Buckley took everything into the trailer. Defendant then drove away in the El Camino, while Buckley left on defendant’s motorcycle. Defendant disposed of the El Camino over a cliff in an area called “The Cross” and returned to the apartment on the motorcycle with Buckley. Defendant began to try to open the inner door of the safe, but presently stopped due to the noise he was making. He and Buckley injected the cocaine they had found at Urell’s house. Rowan appeared and again asked if anyone had been at Urell’s house. Eventually defendant admitted that Urell had been at home and that he thought he had killed him. He said he had hit Urell because Urell had seen his face, telling Rowan he was not ready to leave Ventura yet. Rowan advised defendant and Buckley to throw away everything except the cash. The next day, defendant succeeded in opening the inner door of the safe. Inside were jewelry, old silver dollars, gold nuggets, and coin books. Rowan tore up the coin books and threw them away. Jarvis took the jewelry and gold and was directed to throw them away. Defendant and Buckley took the safe to Ojai and dumped it near Lake Matilija. Urell’s body was discovered by his friend, Ronald Siebold. Siebold found Urell lying on his bed, apparently dead, with his hands taped behind his back and a pillow on his head. Siebold yelled Urell’s name, pulled the pillow off, and dialed 911. The police arrived 10 minutes later. Urell’s room appeared to have been ransacked. Leaning against the foot of the bed was a wooden-handled ax. A subsequent search of the house yielded narcotics paraphernalia. Dr. Frederick Warren Lovell, the Chief Medical Examiner for Ventura County, examined the body at the scene at 7:54 p.m. on July 16, 1986. He estimated that death had occurred some 14 to 22 hours earlier. A subsequent autopsy showed that the neck bore a series of four overlapping premortem blows from a rectangular object consistent with the blunt side of an ax. The blows broke the victim’s neck and caused paralysis that inhibited or possibly cut off his breathing. Dr. Lovell determined the cause of death to be asphyxia, caused in one of the following ways: (1) someone held a pillow over the victim’s face for two to five minutes; (2) after the blows to the head, the victim was unable to move his head while lying face down and died of suffocation over the course of two to four minutes; or (3) the blows destroyed the nerve system that causes breathing. On July 16, 1986, Buckley sold the silver dollars taken from Urell’s house to a coin shop in Ventura, sharing the proceeds with defendant. Barbara Adams, employed by the shop, testified that she bought the silver dollars from Buckley, who showed military identification. Urell was a construction supervisor employed by Bianco Corporation, located in Camarillo, and had been assigned an El Camino as a company car. He also had been assigned company credit cards, including a telephone card. On July 19, 1986, police searched the trailer belonging to Buckley’s mother and found a book of maps stamped with Bianco Corporation’s name and address. On July 20, 1986, Paul Wolny found Urell’s El Camino and reported his discovery to the police. The El Camino was impounded and found to be registered to Bianco Corporation. Defendant gave a friend, Hal Simmon, the telephone calling card he had taken from Urell’s briefcase. Simmon used the card 20 to 25 times. Simmon knew the card was stolen because he discovered the number was registered to a business. When police found Simmon in Tampa, Florida, in September or October 1986, they seized his address book, in which he had written the calling card number. In September 1986, Buckley was arrested for a traffic violation and gave statements about the Urell killing with the understanding that they would not be used against him. In November 1987, Buckley was arrested for Urell’s murder. The following month, the district attorney’s office agreed to move the court to declare the murder to be of the second degree if Buckley testified truthfully against defendant in the Urell case and against Christopher Caldwell in another case. On December 21, 1987, Buckley talked with a deputy district attorney and representatives of the sheriff’s department regarding the case; a portion of the conversation was tape-recorded. On January 4, 1988, Buckley entered his plea of guilty of Urell’s murder. In September 1986, Rowan was arrested on a parole violation and talked to the police about the Urell case. Rowan was returned to the Texas Department of Corrections. Rowan testified against defendant under a grant of immunity. Also in September 1986, defendant was arrested in Española, New Mexico, on a warrant issued out of Ventura County. At that time, police seized defendant’s wallet, which contained, among other things, a piece cut from Urell’s telephone calling card. Defendant waived his Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed 2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974]) and was interviewed by Sergeant Larry Robertson. Defendant said he remembered Jarvis had told him about someone in Oxnard who had a lot of drugs; she drew a diagram of the man’s house. Defendant said he and Buckley, on a motorcycle, followed her and Rowan as they drove past the house. According to defendant, Jarvis pointed it out and wanted him and Buckley to rip it off. Sergeant Robertson and Detective Velasquez went to Buckley’s mother’s apartment in October 1986. She turned over to police a .22-caliber gun. B. Defense Case Attacking Buckley’s credibility, the defense presented the testimony of John Frisilone, an inmate at the Ventura County jail, who testified that he was housed in a cell next to Buckley and talked to him through the cell vents. Frisilone testified that Buckley told him two handguns and a shotgun were involved, but that Buckley did not tell the prosecutor about the two handguns because he did not want his testimony doubted. Buckley also said he had placed the pillow over the victim’s head because of the noises he was making. Frisilone also testified Buckley believed if he did not testify, the prosecutor had enough evidence to charge him with first degree murder and possibly seek the death penalty. Frisilone had been convicted of four felonies, including forgery and grand theft. Frisilone testified he read newspapers in jail and had read about the Urell case. He had previously offered the district attorney’s office information about other inmates in return for a more lenient sentence. C. Prosecution’s Rebuttal Buckley denied telling Frisilone that he had placed a pillow on the victim’s head. He testified Frisilone was known as a “rat” who would exchange information for a deal with the district attorney. An investigator and a deputy in the district attorney’s office each testified about instances in which Frisilone had sought favorable treatment in return for information; after interviewing Frisilone, they did not use his information. II. Jury and Venue Issues A. Exclusion of Hearing-impaired Juror Defendant contends he was denied his right to trial by a jury chosen from a representative cross-section of the community in that hearing-impaired individuals were systematically excluded from the jury panel because courtroom facilities made it impossible for such persons to serve as jurors. Defendant has failed to establish he is entitled to relief. Although five prospective jurors who identified themselves as hearing-impaired were questioned and not excused due to the impairment, defendant claims systematic exclusion of hearing-impaired jurors due to the excusal of one prospective juror, who was unable to hear out of his left ear and suffered from Meniere’s disease and vertigo, for which he took medication. After testing the prospective juror’s ability to hear while seated in the jury box, the trial court declined to accept his hearing-impairment hardship excuse. However, defense counsel questioned whether it was practicable for the prospective juror to serve, and the trial court excused him. A criminal defendant is entitled to trial by an impartial jury drawn from a representative cross-section of the community. (People v. Harris (1984) 36 Cal.3d 36, 48 [201 Cal.Rptr. 782, 679 P.2d 433]; U.S. Const., Amends. VI, XIV; Cal. Const., art. I, § 16.) To establish a prima facie violation of the fair cross-section requirement, a defendant must show that: (1) the group allegedly excluded is a “distinctive” group in the community; (2) the group’s representation in jury venires is not fair and reasonable in relation to the number of such persons in the community; and (3) the under-representation is due to the systematic exclusion of such persons in the jury selection process. (Duren v. Missouri (1979) 439 U.S. 357, 364 [58 L.Ed.2d 579, 586-587, 99 S.Ct. 664].) Defendant did not object to the panel or move to quash the venire on the basis that he had been denied his right to a jury drawn from a representative cross-section of the community; accordingly, the point is waived. (People v. Howard (1992) 1 Cal.4th 1132, 1159 [5 Cal.Rptr.2d 268, 824 P.2d 1315]; Code Civ. Proc., § 225, subd. (a)(1); see former § 1060, repealed by Stats. 1988, ch. 1245, § 21, p. 4155.) Even if he had made a timely objection, however, he would not be entitled to relief because he has failed to meet his burden of establishing any of the elements of the Duren test. First, he does not demonstrate that hearing-impaired persons constitute a “distinctive” group within the community. Although he notes the Legislature has recognized that persons with hearing loss are competent to serve as jurors (Code Civ. Proc., § 203, subd. (a)(6)), he does not persuasively link that characteristic with the purposes of the fair cross-section requirement. (Lockhart v. McCree (1986) 476 U.S. 162, 174-175 [90 L.Ed.2d 137, 148-149, 106 S.Ct. 1758].) Second, he fails to demonstrate that the representation of hearing-impaired persons in the venire was unreasonably small in proportion to the number of such persons in the community. Finally, he falls short of establishing that the lack of hearing-impaired persons on the jury resulted from systematic exclusion. He fails to address the five prospective jurors with hearing impairments who were not challenged on the basis of their impairments. Indeed, it was defense counsel who asked that the only identified hearing-impaired prospective juror to be seated in the jury box be excused. Defendant’s claim that he was denied his right to a jury chosen from a representative cross-section of the community must fail. B. Denial of Motion for Change of Venue Defendant contends that the trial court erred in denying his motion for a change of venue based on pretrial publicity. The error, he contends, deprived him of his rights to due process, to a fair trial by an impartial jury, and to a penalty determination that is not arbitrary or unreliable, as guaranteed him by the Fifth, Sixth, Eighth, and Fourteenth Amendments of the federal Constitution. Change of venue is warranted when it appears there is a reasonable likelihood that a fair and impartial trial cannot be held in the county. (§ 1033, subd. (a).) The determination requires consideration of such factors as the nature and gravity of the offense, the size of the community, the status of the defendant, the popularity and prominence of the victim, and the nature and extent of the publicity. “On appeal after a judgment following the denial of a change of venue, the defendant must show both that the court erred in denying the change of venue motion, i.e., that at the time of the motion it was reasonably likely that a fair trial could not be had, and that the error was prejudicial, i.e., that it was reasonably likely that a fair trial was not in fact had. The trial court’s essentially factual determinations as to these factors will be sustained if supported by substantial evidence. We independently review the trial court’s ultimate determination of the reasonable likelihood of an unfair trial. [Citations.]” (People v. Edwards (1991) 54 Cal.3d 787, 807 [1 Cal.Rptr.2d 696, 819 P.2d 436].) Consideration of the gravity and nature of the offense does not compel the conclusion that venue should have been changed. Although defendant was charged with capital murder, the most serious of offenses, this case lacked “the sensational overtones of other ¡killings that have been held to require a change of venue, such as an ongoing crime spree, multiple victims often related or acquainted, or sexual motivation.” (People v. Green (1980) 27 Cal.3d 1, 46 [164 Cal.Rptr. 1, 609 P.2d 468].) We have often upheld denial of venue change in capital cases. (See, e.g., People v. Edwards, supra, 54 Cal.3d at pp. 806-809.) The size and nature of the community do not support a venue change. The population of Ventura County in 1987 was 619,300, making it the 13th largest county in the state. (Cal. Statistical Abstract (27th ed. 1987) Dept. of Finance, sec. B, p. 20.) Venue changes are seldom granted from counties of such a large size; the larger the local population, the less likely it is that preconceptions about the case have become embedded in the public mind. (People v. Balderas (1985) 41 Cal.3d 144, 178 [222 Cal.Rptr. 184, 711 P.2d 480] [motion to change venue from Kern County, 14th largest in state, properly denied].) Defendant argues for a different conclusion because death penalty trials are not very common in Ventura County, and because Ventura is less urban in character than, for example, Los Angeles. We reject defendant’s argument. (See Odle v. Superior Court (1982) 32 Cal.3d 932, 938 [187 Cal.Rptr. 455, 654 P.2d 225] [upholding denial of venue change from Contra Costa County, “as much suburban as rural”].) Although we have observed that “the ‘adversities of publicity are considerably offset if trial is conducted in a populous metropolitan area’ ” (People v. Harris (1981) 28 Cal.3d 935, 949 [171 Cal.Rptr. 679, 623 P.2d 240], quoting People v. Manson (1976) 61 Cal.App.3d 102, 189 [132 Cal.Rptr. 265]), defendant fails to support his implicit contention that capital trials should be held exclusively in major metropolitan centers experienced in such cases. The third and fourth factors, the community status of the defendant and the victim, do not suggest a change of venue should have been granted. Defendant makes much of the fact that he is, and was reported in local media as, a New Mexico resident. However, he fails to show that he was associated with any organization or group that aroused community hostility. (People v. Adcox (1988) 47 Cal.3d 207, 233 [253 Cal.Rptr. 55, 763 P.2d 906].) The victim, although a longtime resident of Oxnard, was not prominent, and his death did not engender unusual emotion in the community. (People v. Balderas, supra, 41 Cal.3d at p. 179.) One juror “knew of’ Urell, but his “hazy” recollections of Urell dated back some 10 to 15 years. The juror stated that his knowledge of Urell would not affect his decision in the case. (See People v. Ainsworth (1988) 45 Cal.3d 984, 1002 [248 Cal.Rptr. 568, 755 P.2d 1017].) As defendant left that juror as an alternate on the jury, defendant apparently agreed. We are unable to conclude that the juror’s vague knowledge of Urell made it unlikely that defendant would receive a fair trial in Ventura County. The most significant factor in the venue determination, for purposes of this case, is the nature and extent of news coverage. In support of his venue change motion, trial counsel submitted seven newspaper articles and several transcripts of media news broadcasts covering November 11-13, 1987. The articles and broadcasts discussed the crime, defendant’s confession and the district attorney’s decision to pursue the death penalty despite its suppression, and the arrest of Brian Buckley. Media coverage continued during trial, with cameras from local television stations present during the arraignment, preliminary examination, and portions of the trial. Additionally, Oxnard and Ventura newspapers obtained permission to use still cameras in the courtroom. Posttrial review of the denial of a motion for change of venue is retrospective, taking into account prospective jurors’ exposure to pretrial publicity as revealed in voir dire. (People v. Harris, supra, 28 Cal.3d at p. 949.) Our examination of the record persuades us that pretrial publicity had no prejudicial effect. Few of the 186 prospective jurors had any recollection of the media coverage. Of those who reported hearing or seeing coverage of the case, most had read only a headline or part of an article. Only two prospective jurors had heard about defendant’s confession in the media; they were excused. Of the 12 jurors who decided this case, 9 had heard nothing in the media. The remaining three jurors reported minimal exposure to media coverage. One said she saw an article, but on seeing the name of the case, she avoided reading it. Another said he read a part of an article, but stopped when he realized it was about this case. The remaining juror said he had read something about another person being implicated, but was unsure whether it was about the same case. In summary, the jurors’ exposure to pretrial publicity in this case was considerably less than that found in other cases in which we have held venue change to be unnecessary. (See People v. Howard, supra, 1 Cal.4th at p. 1168.) It is not necessary that jurors be totally ignorant of the facts and issues involved in the case; it is sufficient if they can lay aside their impressions and opinions and render a verdict based on the evidence presented in court. (People v. Ainsworth, supra, 45 Cal.3d at p. 1002.) Nothing in the record suggests the few jurors who had any exposure to pretrial publicity did not do so. Further, defendant used only 17 of his 26 available peremptory challenges to select the jury and expressed no dissatisfaction with the jury as selected. The failure to exhaust peremptories is a strong indication that “the jurors were fair, and that the defense itself so concluded.” (People v. Balderas, supra, 41 Cal.3d at p. 180.) The record thus shows that pretrial publicity did not deny defendant his right to a fair and impartial jury. (People v. Harris, supra, 28 Cal.3d at p. 950.) Defendant’s assertions of other constitutional error in the denial of his venue change motion must likewise fail. III. Claims of Error Affecting Guilt Phase A. Testimony of Buckley and Rowan 1. Summary Defendant contends that the prosecutor and trial judge improperly vouched for the credibility of witnesses Buckley and Rowan and misled the jury about the inducements they received for their testimony. Their actions, he claims, violated various rights guaranteed him by the Fifth, Sixth, Eighth, and Fourteenth Amendments. 2. Admission of Buckley Plea Agreement At the outset of Brian Buckley’s testimony, and again in closing argument, the prosecutor read to the jury the text of Buckley’s plea agreement. We reproduce it in the margin. Defendant contends that the agreement told the jury that the prosecutor and the judge were making all necessary findings regarding Buckley’s credibility. This, he argues, improperly vouched for Buckley’s credibility. Defense counsel made no objection to the reading of the plea agreement. Accordingly, defendant may not complain about it on appeal. (Evid. Code, § 353.) Defendant suggests that for various reasons he should be relieved of tiie requirement of contemporaneous objection. He does not persuade us. Nonetheless, even if the claim were properly before us, we would find no reversible error. As defendant acknowledges, the existence of a plea agreement is relevant impeachment evidence that must be disclosed to the defense because it bears on the witness’s credibility. (Giglio v. United States (1972) 405 U.S. 150, 153-155 [31 L.Ed.2d 104, 108-109, 92 S.Ct. 763].) Indeed, we have held that “when an accomplice testifies for the prosecution, full disclosure of any agreement affecting the witness is required to ensure that the jury has a complete picture of the factors affecting the witness’s credibility.” (People v. Phillips (1985) 41 Cal.3d 29, 47 [222 Cal.Rptr. 127, 711 P.2d 423].) Defendant’s objection is not to admission of the agreement per se, but to the failure to excise certain portions that he views as “vouching” for Buckley’s credibility and as placing on the trial court rather than the jury the responsibility to determine whether Buckley was telling the truth. Defendant first argues that reference to the district attorney’s preliminary determination of Buckley’s credibility as a condition of the plea agreement was improper because it implied the existence of information, known to the prosecutor but undisclosed to the jury, that proved Buckley was telling the truth. (United States v. Roberts (9th Cir. 1980) 618 F.2d 530, 536.) Defendant correctly notes that a prosecutor may not express a personal opinion or belief in a witness’s credibility when there is “ ‘substantial danger that jurors will interpret this as being based on information at the prosecutor’s command, other than evidence adduced at trial.’ ” (People v. Adcox, supra, 47 Cal.3d at p. 236 (quoting People v. Bain (1971) 5 Cal.3d 839, 848 [97 Cal.Rptr. 684, 489 P.2d 564)].) We agree that the plea agreement’s reference to the district attorney’s preliminary determination of Buckley’s credibility had little or no relevancy to Buckley’s veracity at trial, other than to suggest that the prosecutor found him credible. Thus, the reference should have been excised on a timely objection on the ground of irrelevancy. We conclude, however, that its presentation to the jury was harmless under these circumstances. (People v. Watson (1956) 46 Cal.2d 818, 836 [299 P.2d 243].) The prosecutor argued for Buckley’s credibility based on the evidence adduced at trial, not on the strength of extrajudicial information obliquely referred to in the plea agreement. Moreover, common sense suggests that the jury will usually assume—without being told—that the prosecutor has at some point interviewed the principal witness and found his testimony believable, else he would not be testifying. We note, too, that the requirement that Buckley preliminarily satisfy the prosecutor as to his credibility “cuts both ways”: it suggests not only an incentive to tell the truth but also a motive to testify as the prosecutor wishes. (United States v. Henderson (4th Cir. 1983) 717 F.2d 135, 137.) Thus, even if defendant had preserved an objection to admission of the challenged portion of the Buckley plea agreement, we would decline to reverse his conviction. Defendant further argues that the plea agreement made the trial court a monitor of Buckley’s truthfulness, and thereby placed its prestige behind Buckley’s testimony, by providing that “[i]n the event of a dispute, the truthfulness of Mr. Buckley’s testimony will be determined by the trial judges who preside over these hearings.” He contends this provision caused the jury to feel a lesser responsibility to make an independent determination of Buckley’s truthfulness. Our decision in People v. Phillips, supra, 41 Cal.3d 29, requires full disclosure to the jury of any agreement bearing on the witness’s credibility, including the consequences to the witness of failure to testify truthfully. Full disclosure is not necessarily synonymous with verbatim recitation, however. Portions of an agreement irrelevant to the credibility determination or potentially misleading to the jury should, on timely and specific request, be excluded. Here, it was crucial that the jury learn what would happen to Brian Buckley in the event he failed to testify truthfully in defendant’s trial. But the precise mechanism whereby his truthfulness would be determined was not a matter for its concern. The provision detailing the judge’s determination of Buckley’s credibility in the event of any dispute arguably carried some slight potential for jury confusion, in that it did not explicitly state what is implicit within it: that the need for such a determination would arise, if at all, in connection with Buckley’s sentencing, not in the process of trying defendant’s guilt or innocence. For these reasons, had defendant objected to its admission, the trial court would have acted correctly in excluding it on a relevancy objection. Nonetheless, we see no possibility that defendant was prejudiced by its admission. The jury could not reasonably have understood Buckley’s plea agreement to relieve it of the duty to decide, in the course of reaching its verdict, whether Buckley’s testimony was truthful. Nor could the jury have been misled by prosecutorial argument. The prosecutor argued that Buckley had nothing to gain by lying because the trial court would make a determination of his credibility in the event of a dispute. The context of the remarks made it clear that determination would occur if the prosecutor sought to repudiate its agreement with Buckley after trial in defendant’s case. Our conclusion is reinforced by the fact that the trial court instructed the jury, before the start of the prosecution’s case and after closing argument, that “[ejvery person who testifies under oath is a witness. You are the sole judges of the believability of a witness and the weight to be given to his testimony . . . .” (CALJIC No. 2.20.) We presume, in the absence of any contrary indication in the record, that the jury understood and followed this instruction. (People v. Modesto (1963) 59 Cal.2d 722, 755 [31 Cal.Rptr. 225, 382 P.2d 33].) The prosecutor, in his opening statement, likewise emphasized the jurors’ role as sole judges of credibility. In sum, the reading of Buckley’s plea agreement did not constitute reversible error. 3. Claim That Prosecutor Misrepresented Buckley’s Immunity Buckley’s credibility was the most significant issue in the guilt phase of defendant’s trial. The prosecutor urged the jury to believe Buckley because, under the terms of his plea agreement, he had nothing to fear as long as he told the truth. Defendant contends that the prosecutor misled the jury as to Buckley’s incentives to testify because the plea agreement said nothing about other crimes of which Buckley was suspected and failed to specify what, if any, arrangement Buckley had with the prosecutor regarding those crimes. This, defendant contends, denied him his rights to due process of law, to protection from cruel and unusual punishment, to freedom from arbitrary and unreliable imposition of the death penalty, and to trial by a fair and impartial jury. Apart from the Urell matter, defendant contends, Buckley was subject to prosecution for his role in (1) a commercial burglary and theft of motorcycles, (2) an assault with a vehicle in a parking lot, and (3) the murder of David Church. If there was an agreement with the prosecutor regarding these episodes, defendant reasons, it was never disclosed to the jury; if there was no such agreement, the jury never learned that Buckley had other incentives to testify against defendant. The flaw in defendant’s argument is the absence of evidence that Buckley in fact feared prosecution for the other offenses. Nothing in the record indicates that Buckley was ever charged in connection with any of these crimes, and there is insufficient evidence before us to warrant the belief that prosecution was a reasonable probability. As to the motorcycle theft incident, Buckley admitted on cross-examination in the penalty phase that in the summer of 1986 he and Christopher Caldwell stole two motorcycles and that Caldwell was convicted of the offense, but that he himself was not charged. Defendant suggests no reason why his counsel could not have argued, at either phase of trial, that Buckley remained vulnerable to charges arising out of this incident. In any event, the record contains insufficient evidence to enable us to conclude that he feared prosecution. As to the parking lot incident, the record indicates that during the guilt phase of trial, defense counsel was aware that Buckley had been accused of trying to run down an individual in a parking lot, but that nothing had come of the incident. The trial court properly refused to allow counsel to use the evidence to impeach Buckley’s testimony by showing that he had a violent character (Evid. Code, § 787), but permitted counsel to use it as impeachment in the event Buckley claimed to be a nonviolent person. Counsel did not bring up the subject by asking Buckley whether he hated violence or was sickened by seeing Urell beaten, so no evidence of the automobile assault came before the jury. As with the motorcycle incident, defense counsel was not precluded from attempting to present the evidence and arguing that Buckley was subject to prosecution, and the record lacks evidence from which we can confidently say Buckley could have been prosecuted. Finally, as to the murder of David Church, the evidence does not support the conclusion that Buckley was subject to prosecution. Evidence at the penalty phase indicated that defendant and Caldwell removed Church from Buckley’s apartment and killed him with an ax handle. Defendant cites drug use during Buckley’s party and Buckley’s desire to rid himself of an obnoxious gatecrasher as possible motives for murder. He also notes that the murder weapon belonged to Buckley. The inference is far from compelling, however, that Buckley had reason to fear prosecution for Church’s killing. Defense counsel could have questioned Buckley during the guilt phase about his involvement in the Church murder, but for obvious tactical reasons chose not to do so. The lack of evidence that Buckley either feared prosecution for other crimes or had some undisclosed agreement regarding those offenses leads us to conclude that defendant has failed to prove that the prosecutor misled the jury. We also conclude—contrary to defendant’s claim—that he was not denied due process, his rights of confrontation and cross-examination, his right to be protected against cruel and unusual punishment, his right to a reliable penalty determination, or his right to trial by a fair and impartial jury in the presentation of Buckley’s plea agreement to the jury. 4. Use of Rowan Preliminary Hearing Transcript as Visual Aid to Prosecutor’s Opening Statement Mel Rowan, testifying under a grant of immunity, provided significant corroborative evidence. While outlining Rowan’s expected testimony during his opening statement, the prosecutor displayed a poster consisting of an enlarged page from the transcript of Rowan’s preliminary hearing testimony containing incriminating statements defendant made to Rowan. The prosecutor read aloud the following portion of Rowan’s preliminary hearing testimony: “As the conversation took place, Mel Rowan asked Curtis Fauber, ‘You didn’t hurt him, did you?’ And Curtis said, T think I killed him.’ ‘Are you sure? You got to be kidding.’ ‘Yeah, I’m pretty sure.’ ‘Are you positive he’s dead? Just don’t tell me he’s dead.’ And Fauber said, ‘Well, when I left, he was having a hard time breathing.’ ‘And I said, “Well, why did you do it?” And he said, ‘Well, he—he saw my face, and I’m not in any hurry to leave Ventura County.’ ” Defense counsel objected to the form of the poster, specifically to highlighting of some portions. He contended it took parts of Rowan’s preliminary hearing testimony out of context and was prejudicial to defendant. The trial court ruled that the poster could be used as an illustrative aid in the prosecutor’s opening statement. Defendant contends the ruling constituted error because the poster “preconditioned” the jury to believe Rowan’s testimony. He also now advances the new ground that the poster contained hearsay and was for that additional reason improper. The error, he contends, violated his Fifth, Sixth, Eighth, and Fourteenth Amendment rights. We find no error in the trial court’s ruling, as use of the poster neither violated the rule against hearsay nor constituted any species of vouching. The purpose of the opening statement “ ‘is to prepare the minds of the jury to follow the evidence and to more readily discern its materiality, force and effect’ [citation]. . . .” (People v. Green (1956) 47 Cal.2d 209, 215 [302 P.2d 307].) The use of photographs and tape recordings, intended later to be admitted in evidence, as visual or auditory aids is appropriate. (Ibid.; People v. Kirk (1974) 43 Cal.App.3d 921, 929 [117 Cal.Rptr. 345].) Similarly, the illustrative use of an enlarged page of transcript was not improper, as Rowan ultimately testified consistently with the transcript. It is axiomatic that nothing the prosecutor says in an opening statement is evidence. Had the prosecutor, instead of preparing a poster, simply recited Rowan’s preliminary hearing testimony in his opening statement to the jury, defendant could not urge a hearsay objection. Additionally, we cannot agree with defendant that the mere appearance of the poster could have been so “official” that it caused the jury to prejudge Rowan’s credibility. 5. Claim That Prosecutor Misled Jury About Rowan’s Credibility Defendant contends that the prosecutor improperly emphasized Rowan’s immunity in his guilt phase argument. The prosecutor said, “Mel Rowan received immunity in this case. Mr. Farley [defense counsel] has told us that he has every motive to lie to you, but the fact remains that once Mel Rowan received that immunity, he could come up here and testify as to what happened during the course of those crimes and go completely protected from any prosecution.” Defendant contends this argument was misleading because Rowan was obliged to testify consistently with his preliminary hearing testimony or risk prosecution for perjury. For the same reasons we rejected this argument as applied to Brian Buckley, we reject it as to Mel Rowan. (See, ante, at p. 826, fn. 8.) (People v. Allen, supra, 42 Cal.3d at p. 1254.) Defendant relies on People v. Morris (1988) 46 Cal.3d 1 [249 Cal.Rptr. 119, 756 P.2d 843] for a contrary result, but that case is inapposite. In Morris, the prosecutor argued that the witness had received no benefit from testifying, and that the jury would have heard about it had any evidence of such a benefit existed. In fact, however, the witness had benefited from his preliminary hearing testimony, in that a parole violation and other charges had been favorably disposed of a year before trial. (Id. at p. 33.) We noted that the nondisclosure rendered the prosecutor’s argument misleading. We rejected the People’s contention that the argument was accurate because the witness had received a benefit not for his trial testimony but for his preliminary hearing testimony: the witness, we noted, reasonably could have believed he owed an ongoing debt to the prosecution in return for his freedom. Here, by contrast, the prosecutor fully disclosed the benefit Rowan received. In any event, defense counsel was free to point out the possibility that Rowan might have been subject to perjury charges if he testified inconsistently with his preliminary hearing testimony. B. Prosecutor’s Failure to Tape-record Buckley Interview Defendant unsuccessfully moved to suppress Buckley’s testimony at trial, contending that the prosecutor’s failure to tape-record an entire interview he conducted with Buckley interfered with defendant’s access to information to be used for impeachment and cross-examination. After Buckley entered into his plea agreement, Don Glynn, the prosecutor, conducted an interview with him. Present with Buckley and Glynn were Wiksell, Buckley’s attorney; Jarosz, Buckley’s investigator; district attorney investigator Troxel; Deputy Sheriff Rudd; and Ventura County Sheriff’s Detective Odie. Fauber’s defense counsel had previously requested that the interview be taped. Wiksell too wished to tape-record the entire interview. Glynn, however, wanted to leave unrecorded the first part of the interview and tape only a summary. In order to obtain a disposition for his client, Wiksell did not object. Buckley’s interview lasted two and one-half or three hours. One and one-half hours were taped, according to the trial judge, who listened to the tape. Rudd, Odie, Troxel, and Glynn took notes of the interview; Troxel prepared a written report and destroyed his notes. During the unrecorded part of the interview, Buckley was asked “broad” questions, which he answered in “narrative” form, according to Wiksell. On a number of occasions, Buckley was unable to remember clearly who made a statement, but after some conversation was able to attribute it to a particular person. At least one fact concerning Buckley’s personal background was discussed during the initial part of the interview but omitted during the taped portion: Buckley said he obtained a discharge from the Army by falsely stating he was a homosexual, but this statement does not appear in the recording. The taped portion of the interview was concise, lacking some of the hesitations evident in the unrecorded portion. Defendant moved to suppress Buckley’s testimony at trial, contending that the prosecutor’s refusal to tape the entire interview interfered with his access to information to be used for impeachment and cross-examination. At the hearing on the motion, the trial court stated it had listened to the tape and read Troxel’s summary and the notes taken by Odie and Rudd. Comparing the notes with the tape, the trial court concluded that the tape was not a “sanitized” version of the earlier portion of the interview; rather, it covered generally the same topics in the same chronological order. The trial court also found that, in not taping the initial portion of the interview, the prosecution had followed a reasonable investigation procedure. The court reasoned that since the prosecution has no duty to tape-record witness interviews, and the defense has no right to dictate the course of the prosecution’s investigation, the prosecutor was not required to grant defense counsel’s request to tape Buckley’s entire interview. Defendant characterizes the prosecutor’s refusal to allow recording of the entire interview as a denial of his Fourteenth Amendment right to disclosure of all exculpatory evidence and as suppression of favorable evidence within the prohibition of California v. Trombetta (1984) 467 U.S. 479 [81 L.Ed.2d 413, 104 S.Ct. 2528]. Defendant also contends the prosecution did not act in good faith. (Arizona v. Youngblood (1988) 488 U.S. 51 [102 L.Ed.2d 281, 109 S.Ct. 333].) He first suggests that the prosecutor should have turned on the tape recorder, or permitted Buckley’s counsel to do so, at the beginning of the interview simply because defense counsel’s request was timely and not burdensome. He does not, and cannot, cite direct authority for that proposition. Next, defendant contends that the prosecutor’s actions were tantamount to willful suppression of evidence he knew would be helpful to the defense, and thus violated the rule of United States v. Agurs (1976) 427 U.S. 97, 111-113 [49 L.Ed.2d 342, 354-355, 96 S.Ct. 2392]. We cannot agree with defendant that hesitations and difficulties of recollection in the unrecorded portion of the interview amount to material, substantial evidence, the loss of which deprived him of a fair trial. (People v. Ruthford (1975) 14 Cal.3d 399, 409 [121 Cal.Rptr. 261, 534 P.2d 1341, A.L.R.4th 3132].) “The mere possibility that an item of undisclosed information might have helped the defense, or might have affected the outcome of the trial, does not establish ‘materiality’ in the constitutional sense.” (United States v. Agurs, supra, 427 U.S. at pp. 109-110 [49 L.Ed.2d at p. 353].) To meet this standard of constitutional materiality, evidence must “both possess an exculpatory value that was apparent before the evidence was destroyed, and be of such a nature that the defendant would be unable to obtain comparable evidence by other reasonably available means.” (California v. Trombetta, supra, 467 U.S. at p. 489 [81 L.Ed.2d at p. 422].) Assuming, without deciding, that Trombetta applies in the context of a failure to tape-record a portion of an interview of a prosecution witness, we find no deprivation of material evidence. The trial court’s finding that the substance of the taped and untaped portions of Buckley’s statement was similar leads us to infer that the untaped portion did not possess apparent, independent exculpatory value. Defendant has essentially demonstrated only that a record of Buckley’s unrecorded remarks might have helped him attack Buckley’s credibility; consequently, he falls short of establishing materiality under the constitutional standard. In any event, defense counsel’s cross-examination of Buckley elicited numerous instances of difficulty in recollection, a fact he pointed out in closing argument. Moreover, evidence of Buckley’s hesitations was available through the testimony of persons present during the interview. We are unpersuaded that the loss of Buckley’s untaped remarks resulted in error. C. Restriction on Cross-examination of Buckley; Ineffective Assistance of Counsel Defendant argues that the trial court improperly restricted cross-examination of Brian Buckley concerning the latter’s involvement in an assault with an automobile. Defense counsel argued that if Buckley were to testify that he had an aversion to violence, then counsel should be allowed to impeach him with evidence that he had once attempted to run down an individual in a parking lot. As noted above, the trial court properly ruled the assault inadmissible if offered merely to establish a character trait of violence and thereby to invite the inference that Buckley behaved violently on the occasion of the Urell killing. However, the court ruled that the assault could be used to impeach Buckley’s credibility depending on the content of his testimony. Thus, defense counsel was free to elicit from Buckley testimony as to his nonviolent nature and then to introduce evidence of the assault as impeachment. He did not do so. Defendant now urges that the fact that Buckley had never been prosecuted for the assault showed the willingness of the police and prosecutor to overlook his wrongdoings, which in turn showed Buckley’s bias and willingness to testify for the prosecutor in the Urell case. He did not raise this ground of admissibility—which we find highly speculative in light of the paucity of evidence concerning the incident—at trial, and cannot be heard to do so for the first time on appeal. (Lorenzana v. Superior Court (1973) 9 Cal.3d 626, 640 [108 Cal.Rptr. 585, 511 P.2d 33]; People v. Frye (1985) 166 Cal.App.3d 941, 950 [213 Cal.Rptr. 319].) In any event, since the jury was well aware of the terms under which Buckley was testifying, and in particular of the differential between the sentences for first and second degree murder, the jury was perforce aware of Buckley’s bias and willingness to testify for the prosecution. We are unpersuaded that evidence of the parking lot incident would have had a significant impact on the jury’s assessment of Buckley’s credibility. (People v. Belmontes (1988) 45 Cal.3d 744, 781 [248 Cal.Rptr. 126, 755 P.2d 310] [citing Delaware v. Van Arsdall (1986) 475 U.S. 673, 680 (89 L.Ed.2d 674, 680, 106 S.Ct. 1431)].) We cannot agree, therefore, with defendant’s belated assertions that the trial court’s ruling on the scope of Buckley’s cross-examination deprived defendant of a trial by a fair and impartial jury, due process, or the right to confront witnesses, or that it subjected him to an arbitrarily or unreliably imposed sentence of death. Defendant contends counsel’s failure to bring evidence of the assault before the jury constituted ineffective representation. A defendant claiming ineffective assistance of counsel has the burden of showing that counsel failed to act in a manner to be expected of a reasonably competent attorney acting as a diligent advocate. (People v. Pope (1979) 23 Cal.3d 412, 425 [152 Cal.Rptr. 732, 590 P.2d 859, 2 A.L.R.4th 1].) The defendant must also show that it is reasonably probable a determination more favorable to the defendant would have resulted in the absence of counsel’s failings. (People v. Ledesma (1987) 43 Cal.3d 171, 217-218 [233 Cal.Rptr. 404, 729 P.2d 839].) Defendant’s ineffective-assistance claim fails because it is not reasonably probable a determination more favorable to him would have resulted had counsel brought the parking lot incident to the jury’s attention. The jury was already aware of the terms under which Buckley was testifying, he was subjected to extensive cross-examination, and the probative value of the evidence counsel possessed was limited. As counsel explained it, “[Buckley] got angry at an individual down by Chuck E. Cheese and tried to run him down with a car and was a suspect in a hit and run. The guy was a transient so nothing ever came of it.” Because the incident counsel related does not support an inference that Buckley feared prosecution, we are unpersuaded the jury would have formed a significantly different impression of Buckley’s credibility had defense counsel used it to impeach him. D. Trial Court’s Refusal to Admonish Jury Regarding Prosecutor’s Guilt Phase Argument Defendant contends that the prosecutor engaged in misconduct during closing argument, and that the trial court’s refusal to admonish the jury to disregard it was error. We conclude that the prosecutor’s comments were not misconduct, and consequently that no admonition was needed. The principal thrust of defense counsel’s closing argument was, of course, that the jury should not credit the testimony of Buckley and Rowan. He argued that each was more deeply involved in title Urell killing than he was willing to admit. He contended each had a selective memory of the events in question, and cited other reasons to disbelieve their testimony. In rebuttal, the prosecutor argued that defense counsel had failed to address certain points the prosecutor had emphasized in urging the jury to believe Buckley and Rowan. Defense counsel objected, calling the prosecutor’s comments a “personal attack.” The trial court determined the comments were merely a rehash of the prosecutor’s opening argument, directed to what defense counsel did not say, rather than what he did say, and thus were not proper rebuttal. The prosecutor acceded to the trial court’s ruling. Later, the court declined to admonish the jury, saying “I attribute again no bad faith and I really don’t feel that there was a whole lot of harm, if any . . . .” We find it clear that the prosecutor’s repeated reference to defense counsel’s failure to address various points in no way amounted to a personal attack on defense counsel, but was in the nature of a rhetorical device. The prosecutor did not accuse defense counsel of lying or misleading the jury; he merely pointed out omissions from the latter’s argument. It hardly need be said that the prosecutor is entitled to comment on the content of defense counsel’s argument. Since there was no prosecutorial misconduct, there was no basis for an admonition to the jury. Defendant also contends the trial court should have admonished the jury to disregard a statement the prosecutor made concerning defense witness Frisilone. It will be recalled that Frisilone met Buckley in jail while the former was waiting to be sent to prison for the latest of his four felony convictions. Frisilone testified that Buckley said he had placed a pillow over Urell’s head after defendant hit him with the ax. At trial, Buckley denied doing so. Defense counsel argued that Frisilone should be believed because he must have learned that detail from Buckley. The record reflects that the prosecutor countered: “He [defense counsel] asked us how do we know—or how did Frisilone know what happened in the courtroom? [f] Well, he told us that he read it in the newspapers.” Defense counsel made a speaking objection, arguing that although Frisilone testified he had access to newspapers in jail, he did not say he had read about what he testified to. The court stated that it shared defense counsel’s recollection of the testimony, but that “the final word will be with the reporter, if the jury feels it’s necessary for that portion of Mr. Frisilone’s testimony to be read back.” The prosecutor responded, perhaps inaccurately, that he “did not say that [Frisilone] read any particular item, but he had access to the newspapers as to this trial.” Later, the court declined to admonish the jury, finding the prosecutor had not acted in bad faith and no harm had been done. We cannot accept defendant’s contention that the jury was left to suppose the prosecutor somehow knew, from extrajudicial evidence, that Frisilone had based his testimony on what he read in the newspaper. The exchange between court and counsel made it plain to the jury that the record of Frisilone’s testimony would speak for itself. The prosecutor’s implication that Frisilone had fabricated his testimony from items reported in the paper was, however, a fair inference from the evidence. The trial court’s refusal to admonish the jury was not erroneous. E. Refusal to Instruct That Rowan Was an Accomplice as a Matter of Law The trial court read a series of instructions on accomplice testimony, informing the jury that Brian Buckley was an accomplice as a matter of law and that his testimony required corroboration. (CALJIC Nos. 3.10, 3.11, 3.12, 3.13, 3.14, 3.16, 3.18.) Defense counsel requested that the jury be instructed Mel Rowan, too, was an accomplice as a matter of law. The trial court refused, instead instructing the jury to decide Rowan’s status. This, defendant contends, was error. Section 1111 defines an accomplice as “one who is liable to prosecution for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given.” (§ 1111.) In order to be chargeable with the identical offense, the witness must be considered a principal under section 31. (People v. Hoover (1974) 12 Cal.3d 875, 879 [117 Cal.Rptr. 672, 528 P.2d 760].) That section defines principals to include “[a]ll persons concerned in the commission of a crime . . . whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission . . . .” (§ 31.) An accessory, however, is not liable to prosecution for the identical offense, and so is not an accomplice. (People v. Hoover, supra, 12 Cal.3d at p. 879; § 32.) Whether a person is an accomplice is a question of fact for the jury unless there is no dispute as to either the facts or the inferences to be drawn therefrom. (People v. Tewksbury (1976) 15 Cal.3d 953, 960 [127 Cal.Rptr. 135, 544 P.2d 1335].) The burden is on the defendant to prove by a preponderance of the evidence that a witness is an accomplice. (Id. at p. 963.) Although the testimony of both Rowan and Buckley indicated that Rowan participated in discussions preceding the burglary, pointed out to defendant and Buckley the location of the Urell residence and urged them either to “do it” at that moment or “blow it off,” and helped dispose of the robbery proceeds, to say that the inferences from these facts are undisputed would be an overstatement. (People v. Tewksbury, supra, 15 Cal.3d at p. 960.) The record certainly supports, but does not dictate, the conclusion that Rowan acted with “ ‘guilty knowledge and intent with regard to the commission of the crime,’ ” as is required for accomplice liability. (Ibid, [quoting People v. Duncan (1960) 53 Cal.2d 803, 816 (3 Cal.Rptr. 351, 350 P.2d 103)].) As to the murder, there is no suggestion that Rowan had any prior knowledge; he expressed surprise when told of the killing. Even as to the burglary and robbery, the record does not compel a finding that Rowan shared liability as an accomplice. After the initial drive past Urell’s residence, when Rowan urged defendant to “do it” or “blow it off,” it is not clear that Rowan knew when, how, or even if a burglary would in fact take place. Thus, defendant failed to sustain his burden of establishing Rowan’s liability as an accomplice as a matter of law, and the trial court properly instructed the jury to decide the question. In any event, even if Rowan were an accomplice to the burglary and robbery, his testimony was adequately corroborated. Corroborative evidence must come in by means of the testimony of a nonaccomplice witness. (People v. Tewksbury, supra, 15 Cal.3d at p. 958.) It need not corroborate every fact to which the accomplice testified or establish the corpus delicti, but is sufficient if it tends to connect the defendant with the crime in such a way as to satisfy the jury that the accomplice is telling the truth. (People v. Szeto (1981) 29 Cal.3d 20, 27 [171 Cal.Rptr. 652, 623 P.2d 213].) Corroborative evidence may be slight and entitled to little consideration when standing alone. (Ibid.; People v. Wade (1959) 53 Cal.2d 322, 329 [1 Cal.Rptr. 683, 348 P.2d 116].) Rowan’s testimony was corroborated by (1) Hal Simmons’s testimony that defendant gave him a telephone credit card number which was proved to have belonged to Urell and (2) Investigator Velasquez’s testimony that a search of the camper, owned by Brian Buckley’s mother and used by defendant, yielded a book of maps stamped with the name and address of Urell’s employer. F. Special Circumstance Instruction on Intent to Kill Defendant complains that the jury was erroneously instructed on the requirement of intent to kill in connection with the robbery and burglary special circumstances. In People v. Anderson (1987) 43 Cal.3d 1104, 1141-1147 [240 Cal.Rptr. 585, 742 P.2d 1306], we overruled our earlier decision in Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79, 672 P.2d 862] and held that proof of intent to kill is not required under the provisions of section 190.2, subdivision (a)(17), when those provisions are read standing alone, When there is evidence from which the jury could find that