Volume 5 — California Reports, Fifth Series

<p> A jury convicted defendant Troy Lincoln Powell of the first degree murder of Tammy Epperson ( Pen. Code, § 187, subd. (a) ) 1 and found true three special circumstance allegations: that the murder was committed while defendant was engaged in the commission of rape (§ 190.2, subd. (a)(17)(C) ) and mayhem (§ 190.2, subd. (a)(17)(J) ), and the murder involved the infliction of torture (§ 190.2, subd. (a)(18) ). The jury also convicted defendant of forcible rape (§ 261, subd. (a)(2) ), mayhem (§ 203), and torture (§ 206). In a separate proceeding, the jury found that defendant was sane when he committed the crimes of which he was convicted. </p> <p> The original jury was unable to reach a verdict in the penalty phase, but a newly-selected jury returned a verdict of death after a second penalty proceeding. Defendant moved for a new trial and for modification of his sentence to life without the possibility of parole. The trial court denied those motions and sentenced defendant to death. 2 This appeal is automatic. (§ 1239, subd. (b).) For the reasons that follow, we affirm the judgment. </p>