Full opinion text
Opinion KENNARD, J. A jury convicted defendant Milton Otis Lewis of one count of first degree murder (Pen. Code, § 187), and found true the special circumstance allegations of robbery murder (§ 190.2, former subd. (a)(17)(i) [now subd. (a)(17)(A)]), and burglary murder (§ 190.2, former subd. (a)(17)(vii) [now subd. (a)(17)(G)]). The jury also convicted defendant of two counts of robbery, one count of burglary, and one count of attempted murder. At the penalty phase, the jury returned a verdict of death for the first degree murder with special circumstances. After denying defendant’s automatic motion to modify the death verdict (§ 190.4, subd. (e)), the trial court sentenced defendant to death for the first degree murder, and to a total determinate term of 21 years in state prison for the remaining counts. Defendant’s appeal to this court is automatic. (§ 1239, subd. (b).) We will affirm the judgment in its entirety. I. Facts A. The Prosecution’s Guilt Phase Evidence In December 1988, James and Helen Rumsey lived in a unit of the Shasta Pines Apartments in Redding. Marie Baker, a methamphetamine user, lived in another unit in the same building. Staying with Baker at that time was 15-year-old Amy Hadix, who also used methamphetamine regularly. June Rice, another renter at the Shasta Pines Apartments, sold drugs from her apartment. On December 21, 1988, defendant, who knew Rice and was a methamphetamine user, came to Rice’s apartment with a man who wanted to sell some drugs. Rice directed them to Baker’s apartment. On December 24, 1988, around 10:00 or 11:00 a.m., the Rumseys came to Baker’s apartment to give her back some money they owed her. In defendant’s presence, James Rumsey pulled a wallet from his back pocket and removed $50, which he handed to Baker. A short time later, also in defendant’s presence, Baker’s eight-year-old daughter commented on James Rumsey’s money, saying, “Oh, Mom, he’s got gobs.” Later that day, defendant went to June Rice’s apartment and bought a half-gram of methamphetamine with money he had taken from a man after a fistfight in Baker’s apartment. After injecting the drugs, he told Rice they were “decent.” When he returned to Baker’s apartment, however, he complained to Baker and Hadix that the drugs were no good. They told him to return to Rice’s apartment to get either more drugs or his money back. When Hadix said she was going downstairs to visit another renter, defendant went with her. As Hadix passed the Rumseys’ first floor apartment, she noticed the door was ajar, and she greeted James, who was seated in an easy chair just inside the doorway. Suddenly, defendant jumped on James and stuck a knife in his neck. He then reached into James’s back pocket, pulled out his wallet and opened it, but found no money in it. When Helen Rumsey tried to come to her husband’s aid, defendant kicked her hard in the groin area, causing her to fall. As she got up, defendant thrust the knife into her throat, and she fell to the floor again. Defendant returned to James and tried to reach into the front pocket of his pants, but he was unsuccessful. He turned James’s body over and retrieved a pocketknife from his back pocket. Defendant then picked up a gun belonging to James from a nearby table and held it to Helen’s forehead as she struggled to her knees. Yelling obscenities at her, defendant threatened to shoot unless he got some money. He pulled the trigger, and Helen heard a click. She then crawled to where James was lying, opened the wallet defendant had looked in but discarded, and removed $250 in $50 bills that had been hidden in a secret compartment. After Helen handed defendant the money, he picked up James’s pocketknife and gun, grabbed the knife he had brought with him, and walked out the door. Meanwhile, Hadix had run to Tim Smith’s apartment and told him that defendant was killing the Rumseys. A few minutes later, defendant appeared at Smith’s door and told Hadix to come with him to June Rice’s apartment. On arrival, defendant pulled James’s gun from his pocket and pointed it at Rice, complaining about “bunk dope.” Hadix ran to the bathroom in fright but came out a minute later after hearing a neighbor yell that Helen Rumsey had been stabbed. She ran to Baker’s apartment, and defendant followed. Once back inside Baker’s apartment, defendant went to the kitchen to wash blood from his hands. He ordered Baker to hold the gun for him, but she refused. Defendant then handed Baker $250 in $50 bills and told her to hold the money for him. He told Hadix to come with him, and they left. Baker later found defendant’s buck knife on her kitchen counter. She wrapped it and threw it away. As to the money defendant had left with her, she spent $50 on groceries and the rest on methamphetamine. After leaving Baker’s apartment, defendant, accompanied by Hadix, hid the gun in a shed behind the apartment complex. They then proceeded to a garbage bin belonging to a nearby church. Defendant opened the lid, threw Hadix inside, and then jumped in himself. They hid there for six or seven hours. During this time, Hadix asked defendant why he had killed James Rumsey. Defendant replied, “It had to be done.” The next morning, defendant and Hadix returned to the shed to retrieve the gun, and, at Hadix’s suggestion, they went to her parents’ home, which was close by. Shortly thereafter, the police arrived at the home of Hadix’s parents. When Hadix’s father opened the door for the officers, defendant fled into the bathroom. Defendant ignored the officers’ orders to put his gun down and come out. Forty-five minutes later, defendant emerged, leaving the gun in the bathroom. An autopsy showed that James Rumsey died from hemorrhaging caused by a five-inch-deep knife wound to the front of the neck. Helen Rumsey sustained knife wounds to the side and back of her neck; one of these wounds was directly over the carotid artery. Forensic testing showed that the gun retrieved from the bathroom of Hadix’s parents’ home was the gun taken from the Rumseys’ apartment. The gun held a full magazine, but there was no round in the chamber. B. The Defense Guilt Phase Case Testifying in his own defense, defendant said he had gone to Baker’s apartment for the first time on December 21, 1988, accompanied by a friend who wanted to sell Baker some methamphetamine. Defendant was homeless and had no money, so he stayed with Baker for the next three days. During that time, there was drug use and constant activity in the apartment, and defendant neither slept nor ate. On December 24, just after dark, defendant bought methamphetamine from June Rice and injected it while still in her apartment. Five minutes later, he bought more methamphetamine from Rice’s companion and, again, promptly injected it. The drugs had an immediate and powerful effect. When he went back to Baker’s apartment, he told Baker he had bought drugs from Rice and the drugs were “decent.” Baker was angry with defendant for not sharing the drugs with her and suggested he get some more drugs from Rice by complaining that what he had bought was no good. Feeling badgered and upset, defendant left the apartment with Hadix to see Rice. Defendant carried a steak knife in his hand in case he encountered violence at Rice’s apartment. On the way, Hadix harangued him about getting more drugs. When he and Hadix came to the Rumseys’ apartment, defendant mistakenly believed it was Rice’s apartment. He became confused and could feel himself “ball up inside” because he was afraid he was going to be attacked by Rice’s companion. Suddenly, he heard a whirring sound and saw James Rumsey start to get out of his chair by the door. Defendant became scared and stabbed him once, not knowing whom he was stabbing. When Helen Rumsey rushed at him, he stabbed her also. Defendant recalled removing James’s wallet and not finding any money in it. He admitted yelling at Helen, “Bitch, if you don’t get me more money, I’ll get you, too.” He also remembered that after Helen handed him the money from the wallet, he picked up James’s gun from the table, but he denied pointing it at Helen’s forehead and pulling the trigger. Defendant remembered leaving the Rumseys’ apartment and proceeding to Rice’s residence. Once inside, he pulled out the gun and demanded more drugs. About a minute later, he was interrupted when a neighbor came to the door seeking help for the Rumseys. When defendant returned to Baker’s apartment, he dropped the knife in the sink full of dishwater. At Baker’s direction, he put the knife in the garbage, which he and Hadix took and disposed of on their way out. When called as a defense witness, the investigating officer, Sergeant Lebak, testified that Hadix had told him of entering the Rumseys’ apartment with defendant. C. The Penalty Phase At the penalty phase of the trial, the prosecution presented evidence of six incidents of unadjudicated violent criminal activity, one robbery that resulted in a felony conviction, and a felony drug conviction. In December 1971, a police officer saw defendant fighting with a woman on a street comer in Los Angeles. Defendant shook the woman, threw her to the sidewalk, struck her in the head with his fist, and knocked her against an apartment building, rendering her unconscious. Defendant resisted arrest, and the officer used a choke hold to subdue him. In July 1980, around 10:00 p.m., defendant entered a liquor store in Southgate and approached the clerk, Kiro Horiuchi. Defendant said: “I have a gun; I don’t want to shoot you.” Defendant was holding one hand behind a straw hat. Defendant told Horiuchi to empty out the register, and Horiuchi complied. Defendant took around $250 to $300. Horiuchi’s wife activated a silent alarm, and defendant was arrested nearby within minutes. He did not have a gun when arrested. For this incident, defendant was convicted of robbery (§ 211), a felony. In February 1985, at a house in Weed, defendant was arguing with his mother when defendant’s uncle, Leon Johnson, told defendant to stop. Defendant followed Johnson around the house and, when Johnson refused to fight, defendant stabbed him twice in the chest with a folding knife having a blade four and a half to five inches in length. Defendant left the house, but he returned a short time later, surrendered to the police, and signed a confession. In January 1986, defendant was married to a woman named Willie B. Shumlai. During an argument, he hit her in the eye with his fist. In August 1986, defendant and Debra Swango had been living together in defendant’s house in Weed for around eight months, and she was three months pregnant. Defendant wanted her to move out, and during an argument about that, he hit her with his fist, causing a black eye and a cut to her lip that left a scar. He also dragged her out of the house. In September 1986, defendant encountered George Toombs, the father of Willie B. Shumlai, at a supermarket parking lot in Weed. Toombs, who was then 63 years old, was sitting in his pickup truck. Defendant had a handgun, and he fired a shot that punctured one of the truck’s tires. When Toombs asked defendant why he did it, defendant said: “Next time you hear son of a bitch I’m going to be shooting your God damn guts out.” On an evening in November 1986, Andrew Greene encountered defendant outside a bar in Weed known as the Nightcap. Greene warned defendant to stay away from one of Greene’s sons. Defendant told Greene to wait, and then defendant left. More than an hour later, defendant entered the bar shouting for Greene and threatening his life. Defendant was wearing a trench coat. As John Rogers, the bar’s owner, approached him, defendant reached into his coat. Rogers pulled the coat down over defendant’s shoulders, revealing a revolver in a holster. Rogers took the gun from defendant. In June 1987, defendant entered a plea of guilty to a charge of sale of methamphetamine (Health & Saf. Code, § 11379), a felony. The defense presented no evidence in mitigation at the penalty phase. Defense counsel’s terse closing argument was a plea for mercy based on biblical references and lines from William Shakespeare’s The Merchant of Venice. II. Pretrial and Jury Selection Issues A. Waiver of the Right to a Speedy Trial The prosecution filed the information on February 14, 1989, and defendant was arraigned the same day. After reading aloud the charges and allegations contained in the information, the trial court informed defendant of various rights, including the right to proceed to trial within 60 days, and the court asked defendant if he understood those rights. When defense counsel requested more time before defendant entered his plea, the court asked defendant if he-would agree to have the 60-day period commence from February 27 rather than from February 14, and defendant agreed. During the next 12 months, defendant waived his right to a speedy trial on three more occasions. At a hearing on February 5, 1990, counsel for both sides asked the trial court to set defendant’s trial on August 14, 1990. The court responded; “All right. I think what we’ll probably do, then, is just go ahead and try to gear it up for the usual screening selection of a jury. Unless—Unless there’s going to be some problem. So, let’s figure, at least for the moment, get started picking a jury then on August the 14th.” Defendant agreed to waive time. On August 14, 1990, after defense counsel explained to defendant that he and the prosecutor planned to discuss with the judge the wording of the jury questionnaire and the procedures for questioning potential jurors, defendant personally waived his right to be present. The next day, prospective jurors were assembled for jury selection. One day later, on August 16, the prospective jurors were sworn. Defendant contends the failure to commence trial on or before August 14, 1990, in the absence of his waiver of the right to a speedy trial, violated both California law and the Sixth Amendment of the United States Constitution. We disagree. Under article I, section 15 of the California Constitution and the Sixth Amendment of the United States Constitution, a criminal defendant has the right to a speedy public trial. This right protects the defendant “ ‘from having criminal charges pending against him an undue length of time.’ ” (People v. Wilson (1963) 60 Cal.2d 139, 148 [32 Cal.Rptr. 44, 383 P.2d 452], quoting People v. Godlewski (1943) 22 Cal.2d 677, 682 [140 P.2d 381]; see also People v. Martinez (2000) 22 Cal.4th 750, 760 [94 Cal.Rptr.2d 381, 996 P.2d 32] [explaining purposes of federal constitutional guarantee].) To implement this constitutional right, our Legislature enacted section 1382, which requires dismissal when a defendant is not “brought to trial” within the statutorily prescribed period after the filing of the information. (Rhinehart v. Municipal Court (1984) 35 Cal.3d 772, 776 [200 Cal.Rptr. 916, 677 P.2d 1206].) A defendant is “brought to trial” under section 1382 when the court has “committed its resources to the trial, and the parties must be ready to proceed and a panel of prospective jurors must be summoned and sworn.” (Rhinehart v. Municipal Court, supra, at p. 780.) A defendant charged with a felony must be brought to trial within 60 days of arraignment on the information or indictment, but a defendant who consents to the setting of a trial date beyond the 60-day period may be “brought to trial” on or within 10 days after the date to which consent was given. (§ 1382, subd. (a)(2)(B).) Here, defendant consented to a trial date of August 14, and he was brought to trial two days later on August 16 when a panel of prospective jurors was sworn. Because trial began well within the statutory 10-day grace period, defendant’s statutory and constitutional speedy trial rights were not violated, and he was not entitled to a dismissal. B. Jury Selection Defendant raises several claims challenging the selection of the jury in his case. As appears below, none has merit. 1. Failure to administer oath to prospective jurors In a hearing held on September 25, 1990, outside the presence of prospective jurors, the trial court asked counsel whether the prospective jurors should have taken the jurors’ oath under Code of Civil Procedure section 232 before answering the written questionnaires about their views on the death penalty and other matters. The court noted that the prospective jurors had taken this oath in the court’s presence before answering any questions orally, and that each prospective juror had signed the questionnaire under penalty of perjury. The court observed, however, that the opening paragraph on the questionnaire incorrectly stated that the jurors had been sworn by the court clerk. The prosecutor saw no problem in the failure to administer the oath for the questionnaires because he considered the questionnaires simply a guide in orally questioning the jurors. Defense counsel too saw no error in the procedures that had been followed. The trial court then ordered the questioning of prospective jurors to resume. Defendant contends the trial court’s failure to follow the proper procedures for administering the oath to prospective jurors as required by Code of Civil Procedure section 232 violated his federal constitutional rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments. Code of Civil Procedure section 232 requires a specified oath to be administered to prospective jurors before examination. Respondent counters that it is questionable whether having prospective jurors fill out questionnaires is an “examination” within the meaning of Code of Civil Procedure section 232. There is no decision addressing the latter point directly, but the language of Code of Civil Procedure section 232 suggests respondent’s proposed reading of the statutory command is too narrow. The oath administered under Code of Civil Procedure section 232 requires prospective jurors to agree to accurately and truthfully answer “ ‘all questions . . . concerning [their] qualifications and competency.’ ” (Code Civ. Proc., § 232, subd. (a).) Moreover, our recent decisions describing the judicial practice of conducting voir dire in a capital case by having prospective jurors give written answers to a jury questionnaire imply that a juror questionnaire is part of the “examination” for purposes of Code of Civil Procedure section 232. (See People v. Waidla (2000) 22 Cal.4th 690, 713-714 [94 Cal.Rptr.2d 396, 996 P.2d 46] [no error in trial court’s denial of defense request to conduct voir dire of prospective jurors where prospective jurors had answered 25-page questionnaire under penalty of perjury]; People v. Earp (1999) 20 Cal.4th 826, 851-855 [85 Cal.Rptr.2d 857, 978 P.2d 15] [trial court’s voir dire procedure did not violate constitutional commands].) Although defendant is correct that prospective jurors should have been sworn under Code of Civil Procedure section 232 before filling out their questionnaires, he fails to establish that he was prejudiced by the trial court’s failure to administer the oath at that juncture. (See United States v. Martin (6th Cir. 1984) 740 F.2d 1352, 1358 [error in failing to administer oath to jury until after government had presented case-in-chief harmless where defendant failed to show any prejudice by delay and no objection was made]; Cooper v. Campbell (8th Cir. 1979) 597 F.2d 628, 629 [no evidence that delay in swearing in jury prejudiced defendant’s right to jury trial, fair trial, or due process].) Here, the prospective jurors signed their questionnaires under penalty of perjury and were sworn under Code of Civil Procedure section 232 before being personally questioned in open court. Defendant does not assert, nor does the record suggest, that the prospective jurors took their obligation to truthfully answer the questions posed to them on paper any less seriously than their duty to do so during oral questioning by the trial court and counsel. Nor does anything else in the record suggest the voir dire examination was inadequate. (See People v. Earp, supra, 20 Cal.4th at p. 852; Rosales-Lopez v. United States (1981) 451 U.S. 182, 188 [101 S.Ct. 1629, 1634, 68 L.Ed.2d 22].) Defendant contends that by failing to ascertain that the prospective jurors had been properly sworn before filling out their questionnaires, his trial counsel provided constitutionally deficient representation. Because defendant fails to show he was prejudiced by the jury selection procedures in his case, however; he cannot establish a violation of his Sixth Amendment rights. 2. Challenges for cause against prospective jurors Defendant next contends that the trial court violated his rights to a fair trial and an impartial jury guaranteed by the Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution by excusing three prospective jurors for cause on the prosecutor’s challenges. Under both the federal and state Constitutions, a sentencing jury in a capital case must be impartial. (People v. Williams (1997) 16 Cal.4th 635, 666-667 [66 Cal.Rptr.2d 573, 941 P.2d 752]; see also Morgan v. Illinois (1992) 504 U.S. 719, 726-728 [112 S.Ct. 2222, 2228-2229, 119 L.Ed.2d 492].) A prospective juror whose views about capital punishment, either for or against, would “ ‘ “prevent or substantially impair the performance of his [or her] duties as a juror” ’ ” is not impartial and therefore may be challenged for cause. (People v. Williams, supra, at p. 667, quoting Wainwright v. Witt (1985) 469 U.S. 412, 424 [105 S.Ct. 844, 852, 83 L.Ed.2d 841].) We will uphold a trial court’s ruling on a for-cause challenge by either party “if it is fairly supported by the record, accepting as binding the trial court’s determination as to the prospective juror’s true state of mind when the prospective juror has made statements that are conflicting or ambiguous.” (People v. Mayfield (1997) 14 Cal.4th 668, 727 [60 Cal.Rptr.2d 1, 928 P.2d 485]; see also People v. Jenkins (2000) 22 Cal.4th 900, 987 [95 Cal.Rptr.2d 377, 997 P.2d 1044].) a. Prospective Juror Harold G. At the outset of voir dire, Prospective Juror Harold G. said he had no personal convictions that would cause him to automatically decide which penalty to impose and he could follow the trial court’s instructions and reach an appropriate verdict. During the prosecution’s examination, however, Harold G. confirmed he had answered “yes” to a questionnaire item asking, “Do you believe there is any reason why you might have any difficulty in objectively and impartially serving as a juror in this case?” The prosecutor then asked him if he would still answer “no” to the question posed to him on the questionnaire as to whether he could set aside his personal feelings about the death penalty law and follow the law as explained by the court. He replied that his answer would still be “no.” Although he made contradictory statements about his ability to set aside his own personal views and follow the law, Harold G. ended his examination with the declaration that he could not set aside his personal views. Under these circumstances, the trial court did not abuse its discretion in excusing Harold G. for cause. The record does not support defendant’s complaint that the trial court failed to ask enough questions during voir dire to determine whether the challenge for cause was proper. b. Prospective Juror Robert T. When Prospective Juror Robert T. stated during voir dire he was “not completely sold on that death penalty,” the trial court admonished him that his personal views were not to be taken into consideration and that he must follow the court’s instructions. Robert T. responded that he could set aside his personal feelings and apply the law as the court explained it. But when the prosecutor asked him whether, in light of his convictions about the death penalty, he would be capable of deciding for himself to vote for the death penalty if that was what the evidence showed and the law indicated, Robert T. replied, “I’m not positive I could, you know.” And when the prosecutor asked, “Wouldn’t it be fair to say you just can’t conceive of a situation where you’d vote for the death penalty?,” he responded, “I really don’t think so.” Given these responses to the prosecutor’s questions, we are satisfied that the trial court did not abuse its discretion when it excused Robert T. for cause. Defendant argues that Robert T.’s response of “I really don’t think so” meant he found the prosecutor’s assessment of his inability to apply the death penalty in any setting to be inaccurate. This interpretation is untenable in light of Robert T.’s other comments. Equally unpersuasive is defendant’s contention that the trial court improperly relied on answers to the unsworn questionnaire to excuse Harold G. and Robert T. As the record shows, these prospective jurors took the required oath before being orally examined, and they confirmed their questionnaire responses during that oral examination. c. Prospective Juror Leonard B. On voir dire, Prospective Juror Leonard B. said he might have difficulty if he was asked to decide the penalty and such a decision would weigh on his conscience. He also said he had been opposed to the death penalty for a number of years. On further questioning by the prosecutor, Leonard B. said: “I can conceive of situations, maybe where I had a personal emotional involvement, where I would go along with it. But, in general, it would be very disturbing to me to feel for the rest of my days that I voted in favor of the death penalty.” He reiterated the point later when he stated, “It’s conceivable to me that I would vote in favor of the death penalty but I doubt it very much.” He ended by declaring, “I’m a flexible person but not that flexible, I think.” After considering defense counsel’s argument pointing out that the juror had stated there were circumstances under which he could vote for the death penalty, the trial court sustained the prosecutor’s challenge for cause. The ruling was not an abuse of discretion. A prospective juror may not be excused for cause simply because of a strong opposition to capital punishment if the juror can nevertheless follow the trial court’s instructions and fairly consider imposing the death penalty in a specific case. (Adams v. Texas (1980) 448 U.S. 38, 44-45 [100 S.Ct. 2521, 2526, 65 L.Ed.2d 581]; see also Wainwright v. Witt, supra, 469 U.S. at p. 424 [105 S.Ct. at p. 852]; People v. Ashmus (1991) 54 Cal.3d 932, 963 [2 Cal.Rptr.2d 112, 820 P.2d 214] [prospective juror who expresses opposition to death penalty not properly excused for cause if juror reveals ability to consider imposing death penalty as a “reasonable possibility”].) Here, however, Leonard B. did not merely acknowledge his opposition to the death penalty, he said he doubted very much he would vote for the death penalty, and he thought he was not flexible enough to do so against his personally held views. These comments amply support the trial court’s conclusion that Leonard B.’s death penalty views would substantially impair his ability to follow the court’s instructions and the law. 3. Denial of defense challenges for cause Defendant contends the trial court erred in denying two defense challenges for cause. Here, the record shows defendant accepted the jury after having exercised only five of the 26 peremptory challenges allotted to him. Therefore, his claim of error is not preserved for appeal. (People v. Waidla, supra, 22 Cal.4th at p. 715; People v. Kirkpatrick (1994) 7 Cal.4th 988, 1005 [30 Cal.Rptr.2d 818, 874 P.2d 248].) To preserve a claim based on the trial court’s overruling a defense challenge for cause, “a defendant must either exhaust all peremptory challenges and express dissatisfaction with the jury ultimately selected or justify the failure to do so.” (People v. Williams, supra, 16 Cal.4th at p. 667.) Defendant acknowledges he did not exhaust his peremptory challenges, but he argues we should abandon the requirement of exhaustion of peremptories because it violates federal constitutional principles. We have previously considered and rejected identical arguments. (People v. Raley (1992) 2 Cal.4th 870, 905 [8 Cal.Rptr.2d 678, 830 P.2d 712] [declining to reconsider view that failure to exhaust peremptory challenges shows lack of prejudice from erroneous denial of for-cause challenge].) Because defendant presents no new grounds for reexamining the rule, we decline his request to do so here. 4. Fair cross-section of the community Pointing out that none of the jurors deciding his case was African-American, defendant posits that the racial composition of the venire pool did not reflect an adequate cross-section of the community, in violation of his federal and state constitutional rights. (U.S. Const., 6th & 14th Amends.; Cal. Const., art. I, § 16.) He asserts that the venire’s racial composition was potentially significant here because he is an African-American accused of killing a White person. A criminal defendant is guaranteed the right to be tried by a fair and impartial jury drawn from a representative cross-section of the community. (People v. Wheeler (1978) 22 Cal.3d 258, 266, 277 [148 Cal.Rptr. 890, 583 P.2d 748].) But a defendant who does not object to the panel or move to quash the jury venire on this ground has not preserved the issue for appeal. (People v. Champion (1995) 9 Cal.4th 879, 906-907 [39 Cal.Rptr.2d 547, 891 P.2d 93]; People v. Fauber (1992) 2 Cal.4th 792, 816 [9 Cal.Rptr.2d 24, 831 P.2d 249].) This is the case here. Even if properly before us, this claim lacks merit. To establish a prima facie violation of the right at issue, a defendant must show: (1) the assertedly excluded group is a “distinctive” group in the community; (2) the group’s representation in venires from which juries are selected is neither fair nor reasonable in relation to the number of such individuals in the community; and (3) the underrepresentation is due to “systematic exclusion of the group in the jury-selection process.” (Duren v. Missouri (1979) 439 U.S. 357, 364 [99 S.Ct. 664, 668, 58 L.Ed.2d 579]; People v. Massie (1998) 19 Cal.4th 550, 580 [79 Cal.Rptr.2d 816, 967 P.2d 29].) “A defendant cannot establish a prima facie case of systematic exclusion of a distinctive group merely by presenting statistical evidence that the group is underrepresented in the jury pool, venire, or panel.” (People v. Massie, supra, at p. 580, fn. omitted; People v. Howard (1992) 1 Cal.4th 1132, 1160 [5 Cal.Rptr.2d 268, 824 P.2d 1315]; People v. Bell (1989) 49 Cal.3d 502, 524 [262 Cal.Rptr. 1, 778 P.2d 129].) Instead, he or she must show that the underrepresentation “ ‘is the result of an improper feature of the jury selection process.’ ” (People v. Massie, supra, at p. 580, quoting People v. Howard, supra, at p. 1160.) Here, defendant acknowledges he lacks evidence that any disparity in representation of African-Americans in the venire was the result of an improper feature in the jury selection process. He nonetheless urges this court to reconsider the requirement that a defendant present something more than statistical evidence of a disparity to satisfy this prong of the three-part test for establishing a prima facie case of violation of the fair cross-section requirement. Defendant fails to provide any reasons why a defendant’s burden in this regard should be lightened. Accordingly, we decline to revisit the issue here. (See People v. Bell, supra, 49 Cal.3d at pp. 528-531 [discussing why statistical showing of underrepresentation is inadequate to meet defendant’s burden of showing systematic exclusion].) 5. Cumulative effect of asserted errors Defendant contends the cumulative effect of the asserted errors in jury selection denied him an impartial jury, fair trial, due process of law, and a reliable guilt verdict in violation of the Fifth, Sixth, Eighth, and Fourteenth Amendments to the federal Constitution. We have concluded that the trial court’s error in not administering the oath to prospective jurors before they answered the jury questionnaires did not prejudice defendant. Otherwise, we have found no merit in any of defendant’s properly preserved claims of error. Accordingly, there can be no cumulative effect warranting reversal. (People v. Mayfield (1993) 5 Cal.4th 142, 197 [19 Cal.Rptr.2d 836, 852 P.2d 331]; People v. Frank (1990) 51 Cal.3d 718, 736 [274 Cal.Rptr. 372, 798 P.2d 1215].) III. Guilt Phase Issues A. Admission of Evidence 1. Evidence of uncharged robbery At the guilt phase, prosecution witness Amy Hadix started to describe a fight between defendant and a man she had never seen before that occurred in Marie Baker’s apartment several hours before James Rumsey was killed. Defense counsel objected that this was irrelevant. At a sidebar conference, defense counsel further argued the evidence involved an alleged prior bad act that was unrelated to and dissimilar from the charged offenses and was unduly prejudicial. After hearing from counsel for both sides, the trial court permitted Hadix to testify that defendant obtained an unknown sum of money from the man. Later, during cross-examination of defendant, and outside the jury’s presence, the prosecutor requested that the previous line of questioning be reopened. He pointed out that when defendant was arrested he was in possession of a driver’s license belonging to Robert Southard, the man he had fought in Baker’s apartment hours before James Rumsey’s death. He also noted that by defendant’s own admission, he took $52 from Southard and used it to buy drugs from June Rice. The prosecutor argued that this evidence was highly probative of defendant’s intent in entering the Rumseys’ apartment, particularly in light of defendant’s testimony that he entered the unit by mistake and with no intent to steal. The trial court found the evidence admissible for the limited purpose of showing defendant’s state of mind, concluding that the probative value of the evidence exceeded any prejudicial effect. The court also said it would give the jury a limiting instruction. When cross-examination resumed, defendant testified he bought methamphetamine from June Rice on December 24 with money he had taken from Southard after beating him up. On redirect examination, defendant explained he fought Southard after Southard had made insulting and racist comments to him. He admitted taking Southard’s money while Southard was bent over on the floor with his wallet sticking out of his back pocket. Defendant said: “[I]t come [yz'c] to me at that point to reach in his back pocket, take the wallet, take the money.” Defendant contends the evidence involving Southard was admitted in violation of state evidentiary law and federal constitutional principles. Evidence of prior criminal acts is admissible “when relevant to prove some fact (such as motive, opportunity, intent, preparation, plan, knowledge . . .),” but not to prove the defendant carried out the charged crimes in conformity with a character trait. (Evid. Code, § 1101.) “To be relevant on the issue of identity, the uncharged crimes must be highly similar to the charged offenses. . . . Hfl . . . HD A lesser degree of similarity is required to establish relevance on the issue of common design or plan. . . . flQ The least degree of similarity is required to establish relevance on the issue of intent. [Citation.] For this purpose, the uncharged crimes need only be ‘sufficiently similar [to the charged offenses] to support the inference that the defendant “ ‘probably harbored the same intent in each instance.’ [Citations.]” ’ ” (People v. Kipp (1998) 18 Cal.4th 349, 369-371 [75 Cal.Rptr.2d 716, 956 P.2d 1169]; see also People v. Carpenter (1997) 15 Cal.4th 312, 379 [63 Cal.Rptr.2d 1, 935 P.2d 708].) As we have observed, however, evidence of uncharged misconduct “ ‘is so prejudicial that its admission requires extremely careful analysis’ ” and to be admissible, such evidence “ ‘must not contravene other policies limiting admission, such as those contained in Evidence Code section 352.’ ” (People v. Ewoldt (1994) 7 Cal.4th 380, 404 [27 Cal.Rptr.2d 646, 867 P.2d 757].) Thus, “[t]he probative value of the uncharged offense evidence must be substantial and must not be largely outweighed by the probability that its admission would create a serious danger of undue prejudice, of confusing the issues, or of misleading the jury.” (People v. Kipp, supra, 18 Cal.4th at p. 371.) On appeal, a trial court’s ruling under Evidence Code sections 1101 and 352 is reviewed for abuse of discretion. (People v. Rodriguez (1999) 20 Cal.4th 1, 9-10 [82 Cal.Rptr.2d 413, 971 P.2d 618]; People v. Kipp, supra, at p. 369; People v. Carpenter, supra, 15 Cal.4th at p. 380.) Applying these principles, we find no abuse of discretion and no federal constitutional violation in the admission of the uncharged crimes evidence. In both the charged and uncharged crimes, defendant overcame the victim by force, then reached into the victim’s back pocket to obtain his wallet. Both times, after having taken the money, defendant proceeded to June Rice’s apartment to buy methamphetamine. Although the incidents themselves are not particularly distinctive, they are sufficiently similar to support an inference that defendant harbored the same intent in both instances, that is, to forcibly obtain cash from the victim. Contrary to defendant’s assertion, this is not a case in which the evidence relating directly to the charged crimes was so compelling on the question of defendant’s intent as to render the uncharged crimes evidence merely cumulative on the issue. (See People v. Balcom (1994) 7 Cal.4th 414, 422-423 [27 Cal.Rptr.2d 666, 867 P.2d 777].) Furthermore, the trial court limited any prejudicial impact of the uncharged crimes evidence by instructing the jury, in the language of CALJIC No. 2.50, that such evidence could not be considered to prove defendant was a person of bad character or that he had a disposition to commit crime. In a related claim, defendant notes that although the trial court instructed the jury generally about the limited use of uncharged crimes evidence, it failed to pinpoint the particular evidence of the Southard fight in the instruction. He argues that the omission denied him due process of law and other guarantees under the state and federal Constitutions because the trial court had promised to give such a limiting instruction at the time it ruled the evidence admissible. Defendant’s constitutional claim is premised on what appears to have been a misstatement by the trial court. The record shows that in ruling on the admissibility of the Southard fight evidence, the trial court indicated it would “give a limiting instruction to the—I think it’s under 2.60, CALJIC 2.60.” This particular instruction, however, does not concern the limited use of evidence of uncharged crimes. Rather, it tells the jury to draw no inferences from the defendant’s failure to testify at trial. Defendant cannot seriously dispute the supposition that the trial court simply misspoke when, after indicating it would give a limiting instruction, it made reference to CALJIC No. 2.60 instead of CALJIC No. 2.50. In any event, the trial court did instruct as promised, about the limited use of the uncharged crimes evidence. Although defendant now complains the trial court never “pinpointed” the Southard fight evidence as the uncharged crimes evidence that was being admitted for the limited purpose of showing intent, he did not request such an instruction and therefore has not preserved the issue. (People v. Freeman (1994) 8 Cal.4th 450, 495 [34 Cal.Rptr.2d 558, 882 P.2d 249, 31 A.L.R.5th 888].) Nor did his attorney’s failure to make such a request deny defendant the effective assistance of counsel. Because the jury was fully instructed on the limited use of uncharged crimes evidence under CALJIC No. 2.50, and there was no evidence of any incident to which jurors may have mistakenly believed the limiting instruction applied, defendant fails to make the necessary showing that, but for counsel’s asserted deficiency, there is a reasonable probability that a determination more favorable to him would have resulted. (In re Cudjo (1999) 20 Cal.4th 673, 687 [85 Cal.Rptr.2d 436, 977 P.2d 66]; Strickland v. Washington (1984) 466 U.S. 668, 697 [104 S.Ct. 2052, 2069-2070, 80 L.Ed.2d 674].) 2. Testimony about defendant’s practice with a buck knife During cross-examination, defendant indicated he at one time had carried a buck knife and had told people he practiced with it. He denied having this knife in his possession during the events leading to the present charges, however. In response to the prosecutor’s question about how he used to practice with the knife, defendant explained that he would grab the knife from his pocket and open it as fast as he could. When defendant was then asked to describe this knife, defense counsel objected on relevancy grounds and the trial court sustained the objection. On further cross-examination, defendant said he took a knife with him when he went to see June Rice about getting more drugs. The prosecutor asked defendant where he got this knife, and defendant replied that it came from Marie Baker’s kitchen. The following exchange then took place: Prosecutor: “Well, you have some familiarity with knives, didn’t you?” Defendant: “Not a specialist, I’m not, different than a steak knife.” Prosecutor: “Well, you used to practice with your buck knife?” Defendant: “Not competition that I was preparing for, if you understand what I mean.” Defense counsel objected that this line of questioning was not relevant, but the trial court overruled the objection without comment. Defendant continued, “I wasn’t practicing to kill somebody, if that’s what you’re trying to ask.” The prosecutor then inquired, “What did the knife look like?” Defendant replied with a detailed description of his buck knife, including the length of the blade. The trial court interrupted the cross-examination, however, to ask defendant if he was describing the knife he got from Baker’s kitchen. When defendant indicated he thought the prosecutor was asking him to describe the buck knife he used to carry, the trial court clarified that the prosecutor’s question related to the knife taken from Baker’s residence. After the prosecutor confirmed the trial court’s understanding of the question, defendant described that knife as a regular kitchen-set knife with a black handle. Defendant asserts that the prosecutor’s questioning about the buck knife was misconduct and that the trial court, by overruling defense counsel’s relevancy objection to this questioning, violated state evidentiary law and federal constitutional guarantees of fair trial, due process, fundamental fairness, and reliability of verdicts. “No evidence is admissible except relevant evidence.” (Evid. Code, § 350.) “ ‘Relevant evidence’ means evidence, including evidence relevant to the credibility of a witness . . . , having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.” (Evid. Code, § 210; People v. Alcala (1992) 4 Cal.4th 742, 797 [15 Cal.Rptr.2d 432, 842 P.2d 1192].) Accordingly, a “witness may not be examined on matters that are irrelevant to the issue in the case.” (People v. Mayfield, supra, 14 Cal.4th at p. 755.) To the extent defendant’s claim of prosecutorial misconduct is based on the prosecutor’s question that elicited the response from defendant describing his buck knife, there was no impropriety. The prosecutor was asking defendant to describe the knife used in the charged crimes, the relevance of which cannot be called into question. The prosecutor is not to be faulted for defendant’s misunderstanding of the question, which the trial court quickly clarified in any event. As to the prosecutor’s question about defendant’s having formerly practiced with his buck knife, that was also proper. Defendant argues that evidence of his past practice was irrelevant because there was no evidence he used a buck knife to stab the victims. Although there was no direct evidence the murder weapon was a buck knife, the testimony on this issue was inconclusive and therefore did not foreclose that possibility. For example, Marie Baker testified that the knife defendant left on the kitchen sink after the stabbings was one she had never seen before. Moreover, evidence of defendant’s earlier efforts to perfect his ability to quickly retrieve and open a pocketknife tends to undermine defendant’s version of his attack on the victims as an unthinking response to being startled first by James Rumsey and then by Helen Rumsey. Nor did the trial court err by not prohibiting the line of questioning under Evidence Code section 352 as more prejudicial than probative. The inquiry was relevant under applicable standards, as previously discussed. The trial court could reasonably conclude that any danger of prejudice in portraying defendant as having a propensity for violence did not substantially outweigh this probative value, and thus the trial court did not abuse its discretion in failing to exclude the evidence under Evidence Code section 352. 3. Admission of victim photographs and crime scene videotape At a pretrial hearing to mark exhibits the parties intended to offer into evidence, defendant objected to seven color photographs of the victims and a videotape of the crime scene on the grounds these proposed exhibits were unduly gruesome and more prejudicial than probative. The trial court sustained the objection as to three photographs, but it overruled defense objections to the remaining four photographs and the videotape. Defendant contends the admitted evidence was irrelevant because it had no bearing on the only contested issues, which concerned defendant’s specific intent to commit the underlying felonies. He argues, moreover, that any probative value the evidence might possess was far outweighed by its prejudicial impact, given the graphic and bloody images portrayed. The admissibility of victim, and crime scene photographs and videotapes is governed by the same rules of evidence used to determine the admissibility of evidence generally: Only relevant evidence is admissible. (Evid. Code, § 350; see also id., § 210; People v. Mendoza (2000) 24 Cal.4th 130, 171 [99 Cal.Rptr.2d 485, 6 P.3d 150]; People v. Crittenden (1994) 9 Cal.4th 83, 132 [36 Cal.Rptr.2d 474, 885 P.2d 887].) The trial court has broad discretion in deciding the relevancy of such evidence. (People v. Smithey (1999) 20 Cal.4th 936, 973 [86 Cal.Rptr.2d 243, 978 P.2d 1171]; People v. Crittenden, supra, at p. 132.) Although defendant contends the photographs were inadmissible because they had no bearing on the only disputed question at trial (his mental state), we have made clear that the absence of a defense challenge to particular aspects of the prosecution’s case or its witnesses does not render victim photographs irrelevant. (People v. Smithey, supra, 20 Cal.4th at pp. 973-974; People v. Scheid (1997) 16 Cal.4th 1, 17 [65 Cal.Rptr.2d 348, 939 P.2d 748]; People v. Crittenden, supra, 9 Cal.4th at pp. 132-133.) Here, the photographs of the victims’ injuries and the videotape depicting the crime scene taken by investigating officers tended to corroborate Helen Rumsey’s account of the incident and were therefore relevant to the prosecution’s theory of robbery murder and burglary murder. (People v. Mendoza, supra, 24 Cal.4th at p. 171.) For example, a photograph showing murder victim James Rumsey as he was found by officers, with his face against the chair seat and his knees on the floor, supported Helen’s testimony that shortly after defendant stabbed her husband, he turned the body over to gain access to James’s back pocket after having tried but failed to get his hand inside the front pocket of James’s pants. Two photographs depicting the deep stab wound in Helen Rumsey’s neck not only corroborated her testimony but also showed the nature and placement of her wound; in this way, they tended to bolster the prosecution’s theory that defendant entered the Rumseys’ apartment with the intent to obtain money from them by force, and undermined defendant’s testimony describing the stabbings as a startled, reflexive reaction to sudden movements by the victims. (People v. Crittenden, supra, 9 Cal.4th at p. 133.) Defendant further asserts that because the bloody and graphic nature of the photographs and videotape must have inflamed the jury, the trial court erred in refusing to exclude the evidence as more prejudicial than probative under Evidence Code section 352. Having reviewed the challenged exhibits, we are satisfied their admission violated neither state evidentiary law nor defendant’s federal constitutional rights to fundamental fairness and reliability of verdicts. Although the blood-splattered surroundings and the images of the victims depicted in the photographs and crime scene videotape are disturbing to view, as such evidence always is (People v. Crittenden, supra, 9 Cal.4th at p. 134), none of these exhibits is unduly gruesome or inflammatory. (People v. Mendoza, supra, 24 Cal.4th at p. 171; People v. Smithey, supra, 20 Cal.4th at p. 974; People v. Crittenden, supra, at p. 134; People v. Pride (1992) 3 Cal.4th 195, 243-244 [10 Cal.Rptr.2d 636, 833 P.2d 643].) B. Sufficiency of the Evidence Defendant asserts the evidence adduced at trial was insufficient to establish he had the requisite mental state for robbery and burglary to sustain his conviction of first degree felony murder. In considering this claim, we examine the entire record in the light most favorable to the judgment to determine whether it contains substantial evidence—that is, evidence that is reasonable, credible, and of solid value—that would support a rational trier of fact in finding the essential element of intent beyond a reasonable doubt. (People v. Marshall (1997) 15 Cal.4th 1, 34 [61 Cal.Rptr.2d 84, 931 P.2d 262]; People v. Price (1991) 1 Cal.4th 324, 462 [3 Cal.Rptr.2d 106, 821 P.2d 610]; People v. Johnson (1980) 26 Cal.3d 557, 578 [162 Cal.Rptr. 431, 606 P.2d 738, 16 A.L.R.4th 1255].) Liability for first degree murder based on a felony-murder theory is proper when the defendant kills in the commission of robbery, burglary, or any of the other felonies listed in section 189. For conviction, the prosecution must establish that the defendant, either before or during the commission of the acts that caused the victim’s death, had the specific intent to commit one of the listed felonies. (People v. Anderson (1968) 70 Cal.2d 15, 34 [73 Cal.Rptr. 550, 447 P.2d 942]; People v. Proctor (1992) 4 Cal.4th 499, 532 [15 Cal.Rptr.2d 340, 842 P.2d 1100].) Thus, to find a defendant guilty of first degree murder based on a killing perpetrated during a robbery, the evidence must show the defendant intended to steal the victim’s property either before or during the fatal assault. (§211; People v. Sakarias (2000) 22 Cal.4th 596, 619 [94 Cal.Rptr.2d 17, 995 P.2d 152]; People v. Marshall, supra, 15 Cal.4th at p. 34.) Conviction of felony murder in the commission of burglary requires proof that the defendant entered the residence with the intent to commit a felony or theft. (§ 459; People v. Frye (1998) 18 Cal.4th 894, 954 [77 Cal.Rptr.2d 25, 959 P.2d 183]; People v. Proctor, supra, at p. 533.) Here, we are satisfied that a rational trier of fact could have found beyond a reasonable doubt that defendant intended to steal from the Rumseys when he entered their apartment and assaulted them. The evidence at trial showed: (1) in the month preceding the crime, defendant had neither money nor a place to live, and he was involved in drug activity; (2) on the day of the murder, defendant saw James Rumsey take $50 from his wallet and overheard Baker’s eight-year-old daughter say that Rumsey had “gobs” of money; (3) several hours before the murder, defendant had fought with a man in Baker’s apartment and had forcibly taken his money, which he used to buy methamphetamine; and (4) before leaving Baker’s apartment and going to the Rumseys’ apartment, defendant had armed himself with a knife. Also, Helen Rumsey and Amy Hadix testified that when defendant followed Hadix past the opened door to the Rumseys’ apartment, he pushed her out of the way and entered the residence, then quickly slammed the door shut after jumping on James Rumsey and stabbing him in the neck. Helen Rumsey further testified that after defendant had stabbed James and kicked her away as she approached, he removed the wallet from James’s back pocket and went through it. When defendant found no cash in the wallet, he stabbed Helen in the throat, then pointed a gun at her head, yelling obscenities and demanding money. ' Based on this evidence, a rational trier of fact could find beyond a reasonable doubt that defendant had formed the intent to steal before entering the Rumseys’ apartment and attacking them. Although the evidence is circumstantial, the intent required for robbery and burglary is seldom established with direct evidence but instead is usually inferred from all the facts and circumstances surrounding the crime. (§21, subd. (a); People v. Holt (1997) 15 Cal.4th 619, 669 [63 Cal.Rptr.2d 782, 937 P.2d 213]; People v. Cain (1995) 10 Cal.4th 1, 47 [40 Cal.Rptr.2d 481, 892 P.2d 1224]; People v. Gibbs (1970) 12 Cal.App.3d 526, 549 [90 Cal.Rptr. 866].) Defendant argues that his own testimony and that of the three primary prosecution witnesses—Marie Baker, Amy Hadix, and June Rice—established that he entered the Rumseys’ apartment by mistake and without the specific intent to steal from them before the entry and attack. He points out that the prosecution’s witnesses testified consistently with his own account of the incident and without contradiction that he had purchased methamphetamine from June Rice, that he discussed returning to Rice’s apartment to complain about the drugs and attempt to get more, and that he did return to Rice’s residence as originally planned after the stabbings of the Rumseys. Even if we were to find that a rational trier of fact could draw from this evidence the inferences defendant suggests, reversal of the judgment would not be warranted, We have previously described the limited role of this court in assessing the sufficiency of the evidence supporting a conviction: If the circumstances reasonably justify the jury’s findings as to each element of the offense, the judgment may not be overturned when the circumstances might also reasonably support a contrary finding. (People v. Ceja (1993) 4 Cal.4th 1134, 1139 [17 Cal.Rptr.2d 375, 847 P.2d 55]; People v. Proctor, supra, 4. Cal.4th at pp. 528-529.) Defendant further asserts that uncontroverted evidence of his intoxication before and during the incident established he had not formed the intent to steal when he entered the Rumseys’ apartment. Evidence of defendant’s conduct after the murder casts serious doubt on his assertion that the testimony at trial showed he had acted in a frantic, drug-induced state. But even assuming for argument’s sake that the evidence of defendant’s methamphetamine and alcohol consumption before the commission of the crimes would permit an inference he actually lacked the requisite specific intent for robbery and burglary (People v. Horton (1995) 11 Cal.4th 1068, 1119 [47 Cal.Rptr.2d 516, 906 P.2d 478]), we conclude that reversal is not warranted. We have determined that the record contains substantial circumstantial evidence supporting the jury’s findings on the question of defendant’s intent. Having reached this conclusion under the applicable principles of appellate review outlined above, we reject defendant’s challenge to the sufficiency of the evidence. (People v. Ceja, supra, 4 Cal.4th at p. 1138.) C. Jury Instructions 1. Refusal to instruct on manslaughter The trial court instructed the jury on first degree felony murder and second degree implied-malice murder. (§§ 189, 188.) But the court refused defense counsel’s request to instruct on the definition of manslaughter and, more specifically, on involuntary manslaughter based on commission of a lawful act that might produce death, without due caution and circumspection. (§ 192, subd. (b).) Counsel argued that the instruction was warranted because the jury could find from the evidence that defendant was carrying a knife in a lawful manner when he entered the wrong apartment, but that he did so while keyed-up and under the influence of drugs and alcohol and, because of this, reacted without due caution and circumspection. After taking counsel’s request under submission, the trial court declined to give the instruction, saying, “I can’t see it either on voluntary or involuntary.” Defendant contends the trial court committed reversible error in refusing his requested instruction on involuntary manslaughter, and in failing to instruct on its own initiative on the theory of unreasonable self-defense, which would have permitted the jury to convict him of no crime greater than voluntary manslaughter. “[A] defendant has a constitutional right to have the jury determine every material issue presented by the evidence [and] ... an erroneous failure to instruct on a lesser included offense constitutes a denial of that right. . . .” (People v. Sedeno (1974) 10 Cal.3d 703, 720 [112 Cal.Rptr. 1, 518 P.2d 913], overruled on other points in People v. Flannel (1979) 25 Cal.3d 668, 684, fn. 12 [160 Cal.Rptr. 84, 603 P.2d 1], and in People v. Breverman (1998) 19 Cal.4th 142, 176 [77 Cal.Rptr.2d 870, 960 P.2d 1094].) To protect this right and the broader interest of safeguarding the jury’s function of ascertaining the truth, a trial court must instruct on lesser included offenses, even in the absence of a request, whenever there is substantial evidence raising a question as to whether all of the elements of the charged offense are present. (People v. Breverman, supra, at p. 154; People v. Barton (1995) 12 Cal.4th 186, 196 [47 Cal.Rptr.2d 569, 906 P.2d 531].) “Substantial evidence is evidence sufficient to ‘deserve consideration by the jury,’ that is, evidence that a reasonable jury could find persuasive.” (People v. Barton, supra, at p. 201, fn. 8.) Manslaughter, both voluntary and involuntary, is a lesser included offense of murder. (People v. Ochoa (1998) 19 Cal.4th 353, 422 [79 Cal.Rptr.2d 408, 966 P.2d 442]; People v. Barton, supra, 12 Cal.4th at pp. 200-201; People v. Berryman (1993) 6 Cal.4th 1048, 1080 [25 Cal.Rptr.2d 867, 864 P.2d 40].) Involuntary manslaughter is defined to include a killing that occurs “in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.” (§ 192, subd. (b); People v. Prettyman (1996) 14 Cal.4th 248, 274 [58 Cal.Rptr.2d 827, 926 P.2d 1013].) When the defendant killed in the actual but unreasonable belief that he or she was in imminent danger of death or great bodily injury, this is termed “imperfect self-defense,” and the killing is reduced from murder to voluntary manslaughter. (In re Christian S. (1994) 7 Cal.4th 768, 771, 773 [30 Cal.Rptr.2d 33, 872 P.2d 574]; People v. Barton, supra, at pp. 200-201.) Defendant asserts there was substantial evidence warranting instruction on both involuntary manslaughter and voluntary manslaughter based on imperfect self-defense. He points to his testimony that he was afraid and “ball[ed] up inside” and had used methamphetamine before setting out for June Rice’s apartment armed with a knife in the event of a confrontation. He mentions also his own testimony that after mistakenly entering the Rumseys’ apartment, he believed he was in danger when he heard a whirring noise and saw a blur coming at him and that he “stuck” the victims in response. The testimony of a single witness, including the defendant, can constitute s