THE PEOPLE, Plaintiff and Respondent, v. CELESTE SIMONE CARRINGTON, Defendant and Appellant, 47 Cal. 4th 145

Opinion GEORGE, C. J. After a jury trial, defendant Celeste Simone Carrington was convicted of the first degree murders of Victor Esparza and Caroline Gleason, and the jury found true, as to each count of murder, allegations of burglary and robbery special circumstances. (Pen. Code, §§ 187, subd. (a), 190.2, former subd. (a)(17)(i), (vii), 1203.06, subd. (a)(1) & 12022.5, subd. (a).) The jury also found true a multiple-murder special circumstance. (§ 190.2, subd. (a)(3).) Defendant was convicted of the second degree attempted murder of Dr.

Allan Marks, and an allegation that she personally inflicted great bodily injury during the commission of that crime was found true. (§§ 664, 187, subd. (a), 12022.7.) She was convicted of the robbery of each of these three victims, as well as eight counts of commercial burglary. (§§ 211, 460, subd. (b).) Except as to five of the counts of commercial burglary, allegations that defendant personally used a firearm in the commission of these offenses were found true. (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a).) After the penalty phase of the trial, the jury returned a verdict of death, and the trial court denied defendant’s motion to modify the verdict to life imprisonment without the possibility of parole. (§ 190.4, subd. (e).) This appeal is automatic. (§ 1239, subd. (b).) For the reasons discussed below, we reverse defendant’s convictions for burglary in counts 9 and 10 and affirm defendant’s remaining convictions and death sentence.

I. Facts A. Guilt Phase The offenses of which defendant Celeste Carrington was convicted arose out of four separate incidents. Most of the facts underlying these offenses were admitted by defendant in her statements to the police, which she made shortly after her arrest. The first incident involved the burglary of a Dodge dealership located at 640 Veterans Boulevard in Redwood City, on the night of January 17, 1992. In her statement to the police, defendant admitted the following.

She previously had been employed as a janitor for several companies and, having worked in this building, defendant was aware that the back entrance was often left unlocked. She went to that location with gloves and a crowbar, which she used to force open several interior doors. Among other items, she stole a .357 magnum revolver and five bullets. The second incident involved the burglary of a building located at 1123 Industrial Road in San Carlos and the murder of Victor Esparza, on the night of January 26, 1992. In her statement, defendant admitted the following.

She previously had worked on the premises as a janitor and had retained a key to the building. She borrowed a car from her neighbor and drove to the location, armed with the .357 magnum revolver she had stolen from the Dodge dealership. She used her key to enter the building, accidentally setting off the alarm. Victor Esparza, who was cleaning the facility, observed her in an office cubicle. She told him that she worked in the building and must have accidentally set off the alarm. Esparza asked her to call the building manager to report the alarm, took out his wallet, and handed her a telephone number.

Defendant displayed the gun and took his wallet, which contained about $45 or $55 in cash. She also demanded the personal identification number (PIN) for his automated teller machine (ATM) card, which he wrote down. As defendant walked out of the cubicle, she turned around and shot Esparza. She later attempted to use his ATM card, but the PIN he had given her was invalid. Defendant admitted that she intended to kill Esparza, and that the experience was exciting and made her feel powerful.

The forensic pathologist who performed the autopsy on Esparza, Peter Benson, testified that Esparza died of a gunshot wound to the head, inflicted from a distance of approximately six inches. Benson concluded that the angle of the gunshot wound was not inconsistent with the victim having been shot while kneeling and looking up at the shooter, nor was it inconsistent with the possibility that the victim was standing.

Celia Hartnett, a criminalist for the San Mateo County Sheriff’s Laboratory who examined Esparza’s body at the crime scene, testified that in her opinion — based upon the position of the body and the clothing, the pools of blood on the carpet, the blood on the clothing, and an abrasion on the forehead — he probably was on his knees when he was shot, with his arms raised in a defensive position; he likely fell forward and then rotated onto his back. Hartnett believed that Esparza was shot from a distance of between six inches and one foot.

The third incident involved the burglary of an office building located at 777 California Avenue in Palo Alto in Santa Clara County and the murder of Carolyn Gleason, on March 11, 1992. In her statement to the police, defendant admitted the following. She previously had worked as a janitor in the building and had retained a key. A neighbor gave her a ride to the premises from her apartment in East Palo Alto. Defendant brought a pair of gloves, a screwdriver, and the same .357 magnum revolver she had used to kill Victor Esparza. Her key would not open the door.

She observed two cars in the parking lot and two janitors working in the building. She waited for these individuals to leave before using the screwdriver to open the door. Defendant walked through the facility looking for money but found none. She heard Caroline Gleason enter and go into an office. Defendant watched her and eventually encountered her in the copy room. When defendant displayed the gun, Gleason begged her to put it away. According to defendant, she did not want to hurt Gleason, but she became nervous and pulled the trigger.

After shooting Gleason, defendant took Gleason’s keys and about $400 from her desk. She went outside to the parking lot and entered Gleason’s car, where she found Gleason’s purse, which contained her ATM card and PIN. Defendant drove the car to a bank in Palo Alto, where she made two unsuccessful attempts to withdraw money from Gleason’s account; she was able to withdraw $200 from an ATM at a 7-Eleven store and another $100 from a second bank. She left the car in a hospital parking lot and took a taxi back to her apartment.

An autopsy indicated that Gleason died as the result of a single gunshot to the head fired from a very close range. The prosecution’s forensic expert, criminalist Hartnett, opined — based upon the position of Gleason’s body, the height of the blood spatters, the angle of the gunshot wound, and the presence of gunshot residue on Gleason’s sleeve — that the victim was kneeling and had tried to cover her face when shot. The fourth incident involved the burglary of a medical office building located at 801 Brewster Avenue in Redwood City and the attempted murder of Dr. Allan Marks, on the evening of March 16, 1992.

Defendant, in her statement to the police, admitted the following. As in two of the earlier incidents, she brought with her a key she had retained from her prior employment at the building as a janitor, a pair of gloves, and the same .357 magnum revolver. The doors to the building still were unlocked when she arrived at 5:30 p.m. After discovering that she was unable to open any of the internal offices with her key, defendant hid in a closet for a few hours. She emerged from the closet and spent some time in the building before observing Dr. Marks leaving his office after a late appointment.

She decided to rob him and pulled out the gun. When Marks observed her, he “went crazy” and the two struggled over the gun. During the struggle she pulled the trigger three times, resulting in one misfire and two shots. Marks managed to force her out of the office and locked the door. Defendant fled the building, taking with her some access cards and prescription drugs. Dr. Marks testified to a somewhat different version of the shooting. According to his account, as he was about to leave his office defendant pushed the door open and came “barreling through,” causing the door to push him to the side.

He recognized her as a former janitor in the building and began screaming and waiving his hands. Defendant was standing about three feet from him, holding a gun in her right hand. She pointed it at his upper body, and he heard gunshots. He was shot in the left shoulder, left thumb, and right forearm. After being shot, Marks collapsed to his knees and defendant left the office. He closed the door behind her and called 911. Defendant was arrested a few days later. Her apartment in East Palo Alto was searched pursuant to three warrants obtained by the Los Altos, Palo Alto, and Redwood City Police Departments.

The police found evidence that connected defendant to all four incidents: the keys to the Redwood City Dodge dealership; the gun that had been taken from the dealership, which was the weapon used to shoot Esparza, Gleason, and Marks; Gleason’s pager and purse, and the key to the building in which she was shot; a box from Gleason’s office that held petty cash; a piece of paper with Gleason’s PIN" on it; and a drug kit taken from a doctor’s office in the medical building in which Marks was shot.

After the search was completed, police officers from each of the three police departments interviewed defendant, and she confessed to being the perpetrator in each of the four incidents. The defense presented no evidence at the guilt phase of the trial. In closing argument, defense counsel conceded that the crimes occurred as defendant described them in her statements and argued that the murders were not executions.

Defense counsel argued that with respect to the charge involving the robbery of Gleason, the jury should return a verdict of guilty on the lesser offense of theft and should find not true the allegation that the murder of Gleason took place during the commission of a robbery. Defense counsel also urged that as to the charge involving the attempted murder of Marks, the jury, should return a verdict of guilty on the lesser offense of assault with a firearm. B. Penalty Phase At the penalty phase of the trial, the prosecution presented victim impact evidence.

Esparza’s sister and aunt, with whom he was residing at the time of his death, testified about the type of person he was and their relationship with him. Other relatives who resided in Mexico at the time of Esparza’s death — his parents, a sister, and a brother — also testified. Gleason’s two brothers-in-law testified about the effect her death had on them and their families and, in particular, on their brother, Gleason’s husband. Gleason’s mother had died, and her father was hospitalized at the time of defendant’s trial.

The prosecution also presented evidence establishing that defendant had attempted to escape from the county jail. This evidence was contained in tape-recorded statements made by Cindy Keshmiri, an inmate who worked on the food line at the county jail. Keshmiri told a sheriff’s deputy, and later an investigator from the district attorney’s office, that defendant had asked her for a metal knife. Keshmiri told the authorities that she provided defendant with a hard plastic knife, which was a type used by jail staff but not available to inmates.

After Keshmiri gave her the knife, defendant asked for some aluminum foil. Keshmiri assumed that defendant wanted the foil in order to make the plastic knife look like a metal one-. Keshmiri gave defendant the foil and asked whether she was planning to try to escape. In response, defendant commented that the deputies did not carry guns. Defendant added, “[W]ell, I can always take one of the inmates up to the counter where the deputies are and ask for the scissors to cut their hair.” Keshmiri interpreted this comment to mean that defendant intended to hold the scissors to somebody’s throat in order to escape.

At that point, Keshmiri decided to report these events. Based upon the information provided by Keshmiri, defendant’s cell was searched, but no knife or foil was found. At trial, Keshmiri denied having been acquainted with defendant and claimed not to recall these statements. Keshmiri’s tape-recorded interviews with the deputy and the investigator were admitted into evidence as prior inconsistent statements. In addition, testimony was presented demonstrating that hard plastic items, such as the knife Keshmiri provided to defendant, can be fashioned into a sharp weapon.

In mitigation, the defense presented the testimony of a clinical psychologist, Dr. Myla Young, who testified that although defendant had an average IQ, Young’s examination of defendant disclosed evidence of a brain abnormality and learning disorders. Dr. Young could not identify the cause of the brain abnormality, which could have been caused by a genetic abnormality, trauma, or illness. According to Dr.

Young, the abnormality affected the left side of defendant’s brain, and interfered with her ability to “see the bigger picture,” to think ahead and plan, and to be able to recognize and change behavior that is unsuccessful. Dr. Young also diagnosed defendant as having a current and long-standing depression and bipolar disorder. Friends and neighbors testified regarding defendant’s family life while growing up in a low-income housing project in Philadelphia, and regarding defendant’s life in the months leading up to her commission of the crimes.

According to a next-door neighbor from Philadelphia, defendant as a girl frequently was left in charge of her younger brothers and sisters and on occasion she and her siblings were locked out of the house. At times, the children had nothing to eat and defendant had to ask a neighbor for food. Through a common wall, the neighbor could hear defendant’s mother beating her. As a child, defendant was anxious and withdrawn. A cousin who resided with the family for two years recalled that defendant’s mother seldom was present, and the cousin saw defendant’s father only twice.

When defendant’s mother was home, she beat defendant and sometimes beat the other children. At the time she committed the crimes, defendant was residing with her partner, Jackie, and Jackie’s three children in an apartment in East Palo Alto. Defendant had been working as a janitor but became unemployed in the latter half of 1991. At that time, according to her former employer, her behavior changed — she was less cheerful, began to gain weight, stayed home, and no longer engaged in activities in the neighborhood. Defendant attempted to support Jackie and her children and often took care of the children.

Jackie made frequent financial and emotional demands on defendant. A psychiatrist, Dr. George Woods, testified that defendant was genetically predisposed to depression and had “environmental difficulties,” and that both conditions contributed to her mental state at the time of the charged offenses. Defendant reported to Dr. Woods that between the ages of seven and 14 years, she regularly had been sexually abused by her father. When she was 14 years of age, she became pregnant with her father’s child and had an abortion.

Defendant and her younger siblings suffered from parental abuse and neglect, and she took care of them. In Dr. Woods’s opinion, defendant at the time she committed the crimes suffered from profound depression. She experienced increasing economic pressure and was unable to provide adequately for her family. She felt worthless and hopeless, and had become withdrawn and isolated. II. Discussion A.

The Search of Defendant’s Apartment Defendant contends the trial court erred in denying her motion to suppress the evidence seized during three separate searches of her home and to suppress her confessions, which were obtained by exploiting officers’ observations of items that had been viewed during the first, assertedly unlawful, search. Defendant’s apartment initially was searched pursuant to a warrant obtained by the Los Altos Police Department, which was investigating two commercial burglaries unrelated to the present case.

In executing the search warrant, the Los Altos officers were accompanied by officers from the Palo Alto Police Department, who were investigating the homicide of Gleason. While inside defendant’s apartment, the Palo Alto officers observed (but did not seize) items in plain view that connected defendant to the Gleason offense. The initial search was suspended and, based upon their observations, the Palo Alto police obtained a second warrant to search the apartment for evidence connecting defendant to the homicide of Gleason.

During this second search, the police seized evidence connecting defendant to that tilling. In addition, during the interrogation of defendant, officers confronted her with some of the evidence related to the Gleason homicide observed in her apartment during the initial search. Eventually, defendant confessed to tilling Gleason and Esparza and to shooting Marks. Based upon defendant’s confession, the Redwood City police then obtained a warrant to search for evidence pertaining to the homicide of Esparza and the shooting of Marks. During the third search, the Redwood City police seized additional evidence.

Prior to trial, defendant filed a motion pursuant to Penal Code

section 1538.5 to suppress evidence seized during the searches of her home, including items that belonged to the homicide victims, the gun used in all three shootings, and other incriminating physical evidence. Defendant also sought to suppress her confessions, on the ground that they were fruits of the assertedly illegal initial entry and search. The trial court denied defendant’s motion, finding that the initial search warrant obtained by the Los Altos Police Department was supported by probable cause and that, even if it were not, the officers had proceeded in good faith.

The trial court further determined that the first search was part of a legitimate investigation and not merely a pretext to look for evidence of other crimes. The court determined that the Palo Alto officers who accompanied the Los Altos officers were present because of their interest in the Gleason homicide, but they properly limited their activities to observing items in plain view. Consequently, the trial court found, no illegality tainted the second and third searches or defendant’s confessions.

Defendant unsuccessfully challenged the court’s ruling by filing a petition for writ of mandate in the Court of Appeal and unsuccessfully renewed her motion to suppress the evidence at trial. Evidence seized from defendant’s home was admitted at the trial, as were her confessions. 1.

Probable cause for issuance of the warrant Defendant contends the affidavit supporting the initial Los Altos Police Department search warrant was insufficient for two reasons: (1) it did not establish a sufficient likelihood that contraband or evidence of the subject crimes would be found at defendant’s home; and (2) the information in the affidavit was too stale to establish probable cause. These arguments lack merit.

In reviewing a search conducted pursuant to a warrant, an appellate court inquires “whether the magistrate had a substantial basis for concluding a fair probability existed that a search would uncover wrongdoing.” (People v. Kraft (2000) 23 Cal.4th 978, 1040 [99 Cal.Rptr.2d 1, 5 P.3d 68], citing Illinois v.

Gates (1983) 462 U.S. 213, 238-239 [76 L.Ed.2d 527, 103 S.Ct. 2317].) “The task of the issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him [or her], including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” (Illinois v. Gates, supra, 462 U.S. at p. 238.) The magistrate’s determination of probable cause is entitled to deferential review. (People v.

Kraft, supra, 23 Cal.4th at p. 1041, citing Illinois v. Gates, supra, 462 U.S. at p. 236.) Probable cause sufficient for issuance of a warrant requires a showing that makes it “ ‘substantially probable that there is specific property lawfully subject to seizure presently located in the particular place for which the warrant is sought.’ ” (People v. Frank (1985) 38 Cal.3d 711, 744 [214 Cal.Rptr. 801, 700 P.2d 415], quoting People v. Cook (1978) 22 Cal.3d 67, 84, fn. 6 [148 Cal.Rptr. 605, 583 P.2d 130].) That showing must appear in the affidavit offered in support of the warrant. (People v.

Frank, supra, 38 Cal.3d at p. 744.) Defendant urges that the affidavit was deficient in failing to provide the necessary connection between each of the two crimes under investigation and the likelihood of finding evidence in defendant’s home. The affidavit in support of the warrant obtained by the Los Altos Police Department stated the following. Defendant previously had worked as a janitor at Blackard Designs, located at 289 South San Antonio Road, Los Altos, in Santa Clara County. In December of 1991, defendant was fired from her job for stealing checks from offices in which she performed janitorial services.

On the night of January 7, 1992, Blackard Designs was burglarized and a single blank check was stolen. On January 7 or 8, 1992, a nearby business, NDN Enterprises, located at 283 South San Antonio Road, was burglarized and two blank checks were stolen. Entry into NDN Enterprises was accomplished by removal of the hinge pins on the exterior door. On January 10, 1992, Christopher Mladineo attempted to cash the Blackard .Designs check, which had been made out to him in the amount of $2,000.

On March 16, 1992, Mladineo was arrested and told authorities that defendant had given him the check and asked him to cash it for her because she lacked proper identification. On March 16, 1992, officers had Mladineo make a pretextual telephone call to defendant, during which defendant admitted she had stolen the Blackard Designs check. On March 19, 1992, an officer spoke with defendant’s former employer who reported that, as part of her employment, defendant had a master key to 289 South San Antonio Road, and it was possible she had duplicated that key.

As of March 20, 1992, the checks stolen from NDN Enterprises still were outstanding and no attempt had been made to cash them. The affidavit provided sufficient probable cause to support the belief that defendant had burglarized Blackard Designs and NDN Enterprises and that evidence from those crimes — including a key to Blackard Designs and the checks stolen from NDN Enterprises — could be found at defendant’s residence. The affidavit explicitly sets forth strong and specific evidence linking defendant to the Blackard Designs burglary.

Based upon all the facts stated in the affidavit, a magistrate making a practical, commonsense decision, in light of all the facts set forth in the affidavit, could conclude with a fair probability that the person who burglarized Blackard Designs was the same person who burglarized NDN Enterprises: the two businesses were located in close proximity to each other, both businesses were burglarized on or about the same date, and in both burglaries blank checks were stolen.

The facts stated in the affidavit established a fair probability that the police would find evidence from the burglaries in defendant’s residence. This court noted in People v. Gonzalez (1990) 51 Cal.3d 1179, 1206 [275 Cal.Rptr. 729, 800 P.2d 1159], that “ ‘[a] number of California cases have recognized that from the nature of the crimes and the items sought, a magistrate can reasonably conclude that a suspect’s residence is a logical place to look for specific incriminating items. [Citations.]’ (People v. Miller (1978) 85 Cal.App.3d 194, 204 [149 Cal.Rptr. 204]; see also People v.

Superior Court (Brown) (1975) 49 Cal.App.3d 160, 167-168 [122 Cal.Rptr. 459].)” When property has been stolen by a defendant and has not yet been recovered, a fair probability exists that the property will be found at the defendant’s home. (See People v. Stout (1967) 66 Cal.2d 184, 192-193 [57 Cal.Rptr. 152, 424 P.2d 704]; U.S. v. Maestas (5th Cir. 1977) 546 F.2d 1177, 1180.) Here, defendant at one time possessed a key to the Blackard Designs building. According to defendant’s employer, defendant had the opportunity to make a copy of that key.

Additionally, the two checks stolen from NDN Enterprises still were outstanding at the time of the search. As the affiant observed based upon his training and experience, “subjects who steal checks with the intent to commit forgeries will maintain possession of those stolen checks until they can be cashed.” It was reasonable to conclude that defendant’s residence was the most likely place to find these items. Defendant contends there was no substantial evidence indicating that she possessed a key to Blackard Designs at the time the warrant was obtained.

To the contrary, the affidavit contained circumstantial evidence indicating that such a key was in her possession; at one time defendant possessed a master key to Blackard Designs and had the opportunity to duplicate it before her employment there was terminated. The check was stolen during the month after defendant’s termination; she had been in possession of the check and had attempted to have it cashed, and there was no indication of forced entry in the burglary of Blackard Designs. A key is the type of item one reasonably could expect a defendant to keep at home.

The showing required in order to establish probable cause is less than a preponderance of the evidence or even a prima facie case. (Illinois v. Gates, supra, 462 U.S. at p. 235.) The facts stated in the affidavit are sufficient to establish probable cause that defendant duplicated the master key to 289 South San Antonio Road, used it to gain access to the building following her termination, and continued to keep it in her home.

In the alternative, defendant contends that the information contained in the affidavit was too stale to provide probable cause for issuance of the search warrant, which occurred two months after the alleged burglaries. No bright-line mle defines the point at which information is considered stale. (People v. Brown (1985) 166 Cal.App.3d 1166, 1169 [212 Cal.Rptr. 907].) Rather, “the question of staleness depends on the facts of each case.” (People v.

Gibson (2001) 90 Cal.App.4th 371, 380 [108 Cal.Rptr.2d 809].) “If circumstances would justify a person of ordinary prudence to conclude that an activity had continued to the present time, then the passage of time will not render the information stale.” (People v. Hulland. (2003) 110 Cal.App.4th 1646, 1652 [2 Cal.Rptr.3d 919].) Courts have upheld warrants despite delays between evidence of criminal activity and the issuance of a warrant, when there is reason to believe that criminal activity is ongoing or that evidence of criminality remains on the premises. (See, e.g., People v.

Superior Court (Bingham) (1979) 91 Cal.App.3d 463 [154 Cal.Rptr. 157] [affidavit of a fire marshal indicated that three items of property allegedly destroyed in a fire had been in the defendant’s continuous control for many months after the fire, and there was no reason to conclude that the defendant had disposed of such property during the few days between execution of the affidavit and the last day on which the property had been seen in his possession]; People v.

Superior Court (Brown), supra, 49 Cal.App.3d at p. 167 [affidavit established probable cause to believe stolen items were in the defendant’s residence one month after a burglary, where stolen items included credit cards and small antiques, “items which would require protection from the elements and fortuitous harm”]; U.S. v.

Jacobs (9th Cir. 1983) 715 F.2d 1343 [affidavit was sufficient to support issuance of a search warrant for articles of clothing worn during a bank robbery, even though nearly four months had passed between the earliest bank robbery in which the clothing had been worn and the issuance of the warrant].) In the present case, the checks from NDN Enterprises still were outstanding two months after the burglary.

In view of the nature of the items sought- — the outstanding checks still could be forged and cashed, and a key to Blackard Designs still could be useful to defendant — there existed a fair probability that these stolen items remained at defendant’s residence despite the passage of time. 2.

Execution of the search warrant Defendant maintains that even if the search warrant obtained by the Los Altos police was valid, the initial search of her home was conducted in an unlawful manner because the Los Altos Police Department delegated execution of the warrant to members of the Palo Alto Police Department, who used the warrant merely as a pretext to gain access to her apartment in order to search for evidence pertaining to the homicides. Defendant contends that the two subsequent searches as well as her confessions were tainted by the illegality of the first search.

On March 20, 1992, detectives from the Palo Alto Police Department held an interagency meeting with law enforcement personnel from several jurisdictions, including Los Altos, Redwood City, and San Carlos. The purpose of the meeting was to coordinate the investigations of several crimes the authorities believed defendant had committed. Later that same day, Palo Alto officers accompanied the Los Altos officers when the latter officers executed the Los Altos warrant at defendant’s residence.

The warrant authorized the officers to search for keys, checks in the name of NDN Enterprises, and evidence of occupancy and control of the apartment. Los Altos Police Detective Maculay and Palo Alto Police Sergeant Zook testified that the officers entered defendant’s residence for the purpose of serving the Los Altos warrant. Sergeant Zook and Palo Alto Police Detective Hennessy accompanied the Los Altos officers on their search in order to ensure that the latter officers would not overlook, damage, or interfere with any evidence related to the Gleason homicide.

At Sergeant Zook’s request, the officers conducted a plain view search of the residence. During the search, Sergeant Zook and Detective Hennessy observed in plain view items of evidence related to the Gleason homicide. Upon making these observations, Sergeant Zook requested that the Los Altos officers suspend their search so that the Palo Alto police could seek their own search warrant. No items of evidence were seized from defendant’s apartment at that time. In the meantime, Palo Alto and Redwood City police officers questioned defendant concerning the Gleason homicide.

Among other things, the officers confronted her with their observations in her apartment of the items of evidence related to the Gleason homicide. Defendant eventually confessed to killing Gleason. Hours later, she confessed to killing Esparza and to shooting Marks. At approximately 1:38 a.m. on March 21, 1992, Palo Alto police officers obtained a warrant authorizing them to search defendant’s residence for evidence related to the Gleason homicide.

The affidavit supporting issuance of that warrant included the information that a pager belonging to Gleason and a key to the building in which she was killed had been observed during the earlier search. While conducting the second search, Palo Alto police officers seized the pager, the key, Gleason’s purse, a metal petty cashbox missing from Gleason’s office, a handgun, and four spent bullet casings. Between 4:00 a.m. and 5:00 a.m. on the same day, Los Altos police officers completed their search of defendant’s residence pursuant to the warrant they had obtained, but did not seize any property.

At approximately 7:00 a.m. on that same day, Redwood City police officers executed their own warrant authorizing them to search defendant’s residence for evidence related to the homicide of Esparza and the nonfatal shooting of Marks. The affidavit submitted in support of the issuance of that warrant did not contain any reference to the earlier searches conducted by the Los Altos or Palo Alto Police Departments, but did refer to defendant’s confession. Redwood City police officers seized several items of evidence related to the shooting of Marks, including keys and medical supplies.

In ruling on a motion to suppress the fruits of an allegedly unlawful search, the trial court “sits as a finder of fact with the power to judge credibility, resolve conflicts, weigh evidence, and draw inferences.” (People v. Laiwa (1983) 34 Cal.3d 711, 718 [195 Cal.Rptr. 503, 669 P.2d 1278].) When reviewing a trial court’s denial of a motion to suppress evidence obtained pursuant to a warrant, “[w]e defer to the trial court’s factual findings, express or implied, where supported by substantial evidence.

In determining whether, on the facts so found, the search or seizure was reasonable under the Fourth Amendment, we exercise our independent judgment. [Citations.]” (People v. Glaser (1995) 11 Cal.4th 354, 362 [45 Cal.Rptr.2d 425, 902 P.2d 729]; see People v.

Weaver (2001) 26 Cal.4th 876, 924 [111 Cal.Rptr.2d 2, 29 P.3d 103].) The federal Constitution controls in deciding issues pertaining to the exclusion of evidence under the Fourth Amendment. (In re Lance W. (1985) 37 Cal.3d 873, 890, 896 [210 Cal.Rptr. 631, 694 P.2d 744].) “The warrant clause of the Fourth Amendment expressly provides that no warrant may issue except those ‘particularly describing the place to be searched, and the persons or things to be seized.’ [Citations.]” (People v.

Bradford, supra, 15 Cal.4th at p. 1291.) Officers executing a warrant may seize items of evidence or contraband not listed in the warrant but observed in plain view. “The plain-view doctrine permits, in the course of a search authorized by a search warrant, the seizure of an item not listed in the warrant, if the police lawfully are in a position from which they view the item, if its incriminating character is immediately apparent, and if the officers have a lawful right of access to the object.” (People v.

Bradford, supra, 15 Cal.4th at pp. 1293-1294.) Thus, “[w]here an officer has a valid warrant to search for one item but merely a suspicion, not amounting to probable cause, concerning a second item, that second item is not immunized from seizure if found during a lawful search for the first item.” (Id. at p. 1294.) In the present case, officers from the Los Altos and Palo Alto Police Departments lawfully entered defendant’s residence to execute the warrant obtained by the Los Altos Police Department officers.

In the course of surveying the objects in plain view in the common areas of the apartment, the officers observed two items of evidence relating to the Gleason homicide: a key clearly labeled with the address of the office building in which Gleason was killed, and a black pager with a sticker bearing the victim’s pager number. Without seizing any items of evidence, the officers suspended the search and sought a second warrant. Therefore, in their application for the second search warrant, the officers properly could recite what they had observed in plain view.

The search initiated by the Los Altos police officers was not rendered invalid by the circumstance that Palo Alto officers accompanied them in anticipation of locating evidence related to the Gleason homicide. Officers from another jurisdiction may accompany officers conducting a search pursuant to a warrant without tainting the evidence (pertaining to crimes that are the subject of their own investigation) uncovered in the process, even when the officers lack probable cause to support issuance of their own search warrant. (U.S. v.

Van Dreel (7th Cir. 1998) 155 F.3d 902, 903-905 [drug task force officers properly accompanied state officers on a search for evidence of hunting law violations (conducted pursuant to a warrant)]; U.S. v. Ewain (9th Cir. 1996) 88 F.3d 689, 693 [postal inspector properly accompanied officers on a search conducted pursuant to a warrant]; U.S. v.

Bonds (6th Cir. 1993) 12 F.3d 540, 571 [federal agent accompanied state agents acting under a warrant].) Additionally, the discovery of evidence unrelated to the evidence sought in a warrant need not be inadvertent. “If a police officer has a valid warrant for one item, and ‘fully expects’ to find another, based upon a ‘suspicion . . . whether or not it amounts to probable cause,’ the suspicion or expectation does not defeat the lawfulness of the seizure.” (U.S. v. Ewain, supra, 88 F.3d at p. 693; quoting Horton v. California (1990) 496 U.S. 128, 138-139 [110 L.Ed.2d 112, 110 S.Ct. 2301]; accord, People v.

Bradford, supra, 15 Cal.4th at p. 1294 [discovery of evidence of a crime in plain view need not be inadvertent].) Defendant acknowledges these principles, but maintains the search violated her Fourth Amendment rights because the Los Altos police officers obtained a warrant to search for items relating to two burglaries when they actually intended to permit officers from another jurisdiction to conduct a general search for evidence of other crimes.

The trial court found that the Los Altos officers were, at the time, conducting a legitimate investigation into the two commercial burglaries committed within their jurisdiction and that they did not seek the warrant related to those burglaries merely as a pretext to facilitate a general search for evidence related to the homicides. We uphold a trial court’s credibility determinations and factual findings on appeal if supported by substantial evidence. (People v.

Loewen (1983) 35 Cal.3d 117, 123 [196 Cal.Rptr. 846, 672 P.2d 436].) Detective Ronald Barfield of the Los Altos Police Department, who testified at the hearing, described his investigation into the two burglaries, which included arranging the telephone call between Mladineo and defendant intended to obtain an admission of her involvement in one of the burglaries. The telephone call took place on March 16, 1992, and the officers obtained the warrant on the morning of March 20, 1992.

Substantial evidence supports the trial court’s findings that the Los Altos officers were conducting a legitimate investigation into the two commercial burglaries committed in their jurisdiction. Even assuming the officers who conducted the initial search hoped to find evidence of other offenses, their subjective state of mind would not render their conduct unlawful. Courts must examine the lawfulness of a search under a standard of objective reasonableness without regard to the underlying intent or motivation of the officers involved. (Scott v.

United States (1978) 436 U.S. 128, 137-138 [56 L.Ed.2d 168, 98 S.Ct. 1717].) The existence of an ulterior motivation does not invalidate an officer’s legal justification to conduct a search. (Whren v. United States (1996) 517 U.S. 806, 813 [135 L.Ed.2d 89, 116 S.Ct. 1769]; People v.

Woods (1999) 21 Cal.4th 668, 678-680 [88 Cal.Rptr.2d 88, 981 P.2d 1019].) “That the . . . officer might have hoped to find evidence [not listed in the warrant] is irrelevant to the Fourth Amendment analysis under Whren, because once probable cause exists, and a valid warrant has been issued, the officer’s subjective intent in conducting the search is irrelevant.” (U.S. v. Van Dreel, supra, 155 F.3d at p. 905.) The court simply asks “whether the police confined their search to what was permitted by the search warrant.” (U.S. v.

Ewain, supra, 88 F.3d at p. 694.) In the present case, the police did not exceed the scope of the search authorized by the warrant, and they observed Gleason’s property in plain view in defendant’s home. These observations were lawful because the presence of the officers at the location where the observations were made was lawful, regardless of the officers’ motivations. B. Admissibility of Defendant’s Confessions Defendant contends the trial court erred in denying her motion to suppress her confessions to the murders of Caroline Gleason and Victor Esparza on the ground that her statements were involuntary.

At approximately 5:15 p.m. on March 20, 1992, defendant was arrested at her home in San Mateo County and taken to the Redwood City Police Department. Between approximately 7:55 p.m. and 3:50 a.m., defendant was separately interrogated by the Palo Alto, Redwood City, and San Carlos Police Departments. During these three interviews, defendant confessed to the murder of Caroline Gleason, the burglary and attempted murder of Dr. Marks, and the murder of Victor Esparza. The trial court denied defendant’s motion to exclude her statements to the police, concluding they were voluntarily made.

The trial court found that no implied promises were made to defendant and characterized the interviews as “a discussion about sleeping better, getting something off your chest or weight off your shoulders.” For the reasons discussed below, we conclude that the trial court did not err in denying defendant’s motion to suppress her confessions. 1. The Murder of Caroline Gleason Defendant asserts that the police officers persuaded defendant that she would receive lenient treatment if she confessed to murdering Gleason. An involuntary confession may not be introduced into evidence at trial. (Lego v.

Twomey (1972) 404 U.S. All, 483 [30 L.Ed.2d 618, 92 S.Ct. 619].) The prosecution has the burden of establishing by a preponderance of the evidence that a defendant’s confession was voluntarily made. (Id. at p. 489; People v. Williams (1997) 16 Cal.4th 635, 659 [66 Cal.Rptr.2d 573, 941 P.2d 752].) In determining whether a confession was voluntary, “ ‘[t]he question is whether defendant’s choice to confess was not “essentially free” because his [or her] will was overborne.’ ” (People v.

Massie (1998) 19 Cal.4th 550, 576 [79 Cal.Rptr.2d 816, 967 P.2d 29].) Whether the confession was voluntary depends upon the totality of the circumstances. (Withrow v. Williams (1993) 507 U.S. 680, 693-694 [123 L.Ed.2d 407, 113 S.Ct. 1745]; People v. Massie, supra, 19 Cal.4th at p. 576.) “ ‘On appeal, the trial court’s findings as to the circumstances surrounding the confession are upheld if supported by substantial evidence, but the trial court’s finding as to the voluntariness of the confession is subject to independent review.’ ” (People v.

Holloway (2004) 33 Cal.4th 96, 114 [14 Cal.Rptr.3d 212, 91 P.3d 164].) During the initial interview, Palo Alto Police Detective John Lindsay and Redwood City Police Sergeant Jon Sherman interrogated defendant for approximately two and one-half hours. After Lindsay provided defendant with admonitions required by Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602], defendant agreed to speak with the officers.

Lindsay began by informing defendant that she had been arrested pursuant to a warrant related to a Los Altos burglary, but that he also wanted to speak with her concerning her possible involvement in a homicide committed at 111 California Avenue in Palo Alto. Later, Sergeant Sherman told defendant that if she cooperated during the interview, the officers “would try to explain this whole thing with, with Los Altos P.D. as [best] we can.” He continued: “I have no control over that. I’m in Redwood City here. Um, and, and I don’t know what entailed um, in that case involving you in the burglary.

I wish I could so I could explain it to you more fully. Uh, so that you know exactly where your [j/c] stand is (unintelligible). I would hope that you would try to push that away so that we could get through with what we’re doing right now. Can you do that for us?” Defendant replied: “Yeah. I guess so.” Later during the interview, the officers strategically confronted defendant with items recovered from her residence such as the key to the building where Gleason’s body was found, and Gleason’s pager.

Sergeant Sherman also informed defendant that defendant’s neighbor had called defendant on Gleason’s pager number, and that a video surveillance camera revealed that she had been present at the 7-Eleven convenience store where the victim’s ATM card was used. Defendant denied involvement in the Gleason homicide. Detective Lindsay then told defendant that “what happened out there at 777 California was probably an accident” and that there could be mitigating circumstances: “What if she scared you? She confronted you. Or maybe there was someone else with you.” Lindsay continued: “It’s like a cancer.

And what you’ve gotta do is to go out and purge yourself of that. You’ve got to get that off your shoulders. Not just for you but, for Jackie, for those three kids. You’ve got an incredible weight on your shoulders right now. An incredible weight that you’ve been carrying around for quite some time. And it’s time.” Soon after, defendant confessed to the burglary of the premises at 777 California Avenue and to Gleason’s murder. “ ‘Once a suspect has been properly advised of his [or her] rights, he [or she] may be questioned freely so long as the questioner does not threaten harm or falsely promise benefits.

Questioning may include exchanges of information, summaries of evidence, outline of theories of events, confrontation with contradictory facts, even debate between police and suspect. . . . Yet in carrying out their interrogations the police must avoid threats of punishment for the suspect’s failure to admit or confess particular facts and must avoid false promises of leniency as a reward for admission or confession. . . .’ [Citation.]” (People v.

Holloway, supra, 33 Cal.4th at p. 115.) The foregoing statements by Sergeant Sherman demonstrate that defendant’s confession to the murder of Gleason was not prompted by any express or implied promise of leniency. First, the officer’s statement that he would help defendant in explaining “this whole thing” to the Los Altos police did not constitute a promise of leniency when considered in the context both of defendant’s prior questions as to why she was arrested and Sherman’s subsequent disclaimer of any control over (or information concerning) the Los Altos burglary investigation.

In this context, Sergeant Sherman simply stated that he would attempt to obtain more information pertaining to the Los Altos burglary in order to assist defendant in determining her status with respect to that crime. Second, we conclude that defendant’s confession was not prompted by Sergeant Sherman’s comments. Defendant confessed approximately one hour after his comments were made.

During the interview, defendant was confronted with incriminating evidence that had been recovered at defendant’s residence as well as other information linking her to the murder of Gleason, which apparently prompted her to confess to this crime. Defendant also contends that Detective Lindsay’s assurances that the police merely were attempting to understand defendant’s motivation in committing the crimes impermissibly coerced her to confess.

To the contrary, Detective Lindsay’s suggestions that the Gleason homicide might have been an accident, a self-defensive reaction, or the product of fear, were not coercive; they merely suggested possible explanations of the events and offered defendant an opportunity to provide the details of the crime. This tactic is permissible. (People v.

Holloway, supra, 33 Cal.4th at p. 115.) Moreover, any benefit to defendant that reasonably could be inferred from the substance of Detective Lindsay’s remarks was “ ‘ “merely that which flows naturally from a truthful and honest course of conduct,” ’ ” because the particular circumstances of a homicide can reduce the degree of culpability, and thus minimize the gravity of the homicide or constitute mitigating factors in the ultimate decision as to the appropriate penalty. (Ibid.) Defendant’s confession to the Gleason homicide was not coerced by threats or false promises, but was given freely and voluntarily. 2.

The Murder of Victor Esparza Defendant alleges that her confession to the murder of Victor Esparza should have been suppressed because it was not made freely and voluntarily, but instead was induced by (1) misleading statements concerning the extent of defendant’s exposure .to criminal liability, (2) improper promises of leniency, (3) her unduly prolonged interrogation, and (4) improper appeals to her religious convictions. Viewed under the totality of the circumstances, defendant’s confession was the product of her free will.

As an initial matter, defendant urges that deceptive comments made by the officers at the conclusion of the second interview relating to the nature of the charges and the potential punishment facing defendant coerced her into subsequently confessing to the murder of Esparza. The second interview was conducted from 11:42 p.m. to 12:52 a.m. by Sergeant Sherman and Detective Steve Blanc of the Redwood City Police Department. During this interview defendant promptly confessed to shooting Dr. Marks and to the burglary of the premises at 801 Brewster Avenue in Redwood City.

Defendant does not challenge the admissibility of this confession.

By the end of the interview, however, Sergeant Sherman shifted the questioning to the subject of the Esparza homicide, informing defendant that “a person was shot and killed . . . late at night” in San Carlos “[w]hen the building was unoccupied.” Sherman urged defendant to confess to that crime and pointed out that “[a]t this point, to us you have nothing else to lose” and that her admission to this homicide “wouldn’t make any difference.” He continued; “I want you to pretty much purge yourself of all these bad things that you’ve done, so at least you can start again.” Defendant claims that Sherman’s statement that admitting she murdered Esparza “wouldn’t make any difference” was deceptive, because a prosecutor more likely would seek — and a jury more likely would impose — a death sentence if a defendant admitted to committing two murders rather than a single murder.

The use of deceptive statements during an interrogation, however, does not invalidate a confession unless the deception is “ ‘ “of a type reasonably likely to procure an untrue statement.” ’ ” (People v. Jones (1998) 17 Cal.4th 279, 299 [70 Cal.Rptr.2d 793, 949 P.2d 890]; see People v. Thompson (1990) 50 Cal.3d 134, 167 [266 Cal.Rptr. 309, 785 P.2d 857].) Considered in this context, the gist of Sergeant Sherman’s comments was that, in view of the overwhelming evidence against defendant, her denial of participation in the Esparza homicide was unlikely to alter the outcome of the case against her.

Moreover, when law enforcement officers describe the moral or psychological advantages to the accused of telling the truth, no implication of leniency or favorable treatment at the hands of the authorities arises. (People v. Nelson (1964) 224 Cal.App.2d 238, 251 [36 Cal.Rptr. 385].) Here, Sergeant Sherman focused on the benefit that defendant reasonably could expect from “purging [her]self’ — namely, psychological and moral relief.

Furthermore, we conclude that Sergeant Sherman’s comments did not affect defendant’s decision to confess to the murder of Esparza, because she maintained her innocence during the remainder of the second interview and, during the third interview, revealed that she already was aware that confessing to an additional murder would increase the severity of the punishment: “You know, yeah, I’m quite sure that it might come down harder or what have you, especially this particular case here.” The comments made by Sergeant Sherman during the second interview were not unduly coercive and did not amount to a promise affecting the reliability of the subsequent confession, and there is no indication that defendant relied upon those comments in deciding to confess.

The third and final interview was conducted by Detective Steve Jackson of the San Carlos Police Department, Sergeant Sherman of the Redwood City Police Department, and Detective Lindsay of the Palo Alto Police Department. The interview continued from 1:25 a.m. to 4:03 a.m., focusing upon the homicide of Esparza and the burglary committed at 1123 Industrial Road in San Carlos. In initiating the interview, the officers confronted defendant with various similarities between the San Carlos homicide and the crimes to which she had confessed earlier.

The officers pointed out that the same gun was used in all three shootings, that defendant previously had worked as a janitor in the buildings in which the killings occurred, and that the perpetrator had entered the building on Industrial Road through the same door defendant had used when she worked there as a janitor. Defendant acknowledged that “everything points to me,” but refused to accept responsibility in the San Carlos case.

Sergeant Sherman then explained that he wanted to present a package to the district attorney in which he would be able to say “that in all cases that you have been charged with, all the cases you’ve been involved with, that you helped and assisted the police in their investigation.” When asked whether she was not telling the truth because she sought to avoid a harsher penalty, defendant responded: “Okay just depends on the judge and DA and how are they going to prosecute it.

You know, yeah, I’m quite sure that it might come down harder or what have you, especially this particular case here.” Sergeant Sherman then introduced the possibility that the crime had been an accident, and he urged without success that defendant confess. Detective Jackson also suggested that perhaps defendant “bumped” into the victim, became frightened, and shot him as a result. Detective Lindsay then intervened, telling defendant that she was “looking at special circumstances” and that refusing to discuss the San Carlos incident would work against her.

Defendant replied she was aware of that and would have to take her chances.

Lindsay proceeded: “I think that you’d be hard pressed to find a public defender or a defense attorney who could look at the similarity in style, the exact same gun, the exact same bullets, and not say Celeste, if I’m going to represent you, I need to at least know if this really did happen, the one in San Carlos.” Lindsay then made the following statements, which ultimately prompted defendant’s confession: “You shot that janitor in San Carlos, and we know you shot that janitor in San Carlos, and God Bless you, you can sit here and you can tell me that you didn’t, there’s someone up above, bigger than both of us looking down saying Celeste, you know that you shot that person in San Carlos and it’s time to purge it all.

It is like a cancer that is eating away at you. You felt good, I know you felt good when you told us what really happened in Palo Alto and what really happened in Redwood City, it was like a 50 [pound] weight off your shoulder.” Lindsay continued: “Someone up above is looking at us, and I’ll tell you what. If that big guy up there or gal is looking at us and he said hey Lindsay, you better not be selling her a lot of Bullshit, cause you won’t sleep well tonight. That’s what the big guy is going to say to me. He’s telling me be honest with her, be straight up with her.

Look her in the eyes and be straight up because if you are not, then whoever that big person is up in the sky is looking at you going, how can you look at these two guys, and how can you tell them that that didn’t happen in San Carlos.

You can’t do it.” A few moments later, defendant confessed to the murder of Victor Esparza and later explained that it had been difficult for her to confess, because the victim did not “stumble upon” her as Detective Jackson suggested, but rather defendant “just turned and shot him.” Defendant contends that during this interview the police improperly attempted to convince her that she would receive more lenient treatment if she confessed.

Defendant contends that promises of leniency were made initially, when Sergeant Sherman suggested it would be beneficial to defendant if the officers could deliver to the district attorney an “entire package” encompassing all the crimes and inform the prosecution that defendant fully cooperated with the police. Defendant contends additional promises of leniency were made when the officers suggested that they merely were interested in understanding defendant’s motivations in committing the crimes and that the Esparza homicide may have been an accident because she may have “snapped” or been frightened.

The statements made by the officers did not imply that by cooperating and relating what actually happened, defendant might not be charged with, prosecuted for, or convicted of the murder of Esparza. The interviewing officers did not suggest they could influence the decisions of the district attorney, but simply informed defendant that full cooperation might be beneficial in an unspecified way. Indeed, defendant understood that punishment decisions were not within the control of the police officers.

As noted above, she said it “just depends on the judge and DA and how are they going to prosecute it.” Under these circumstances, Sergeant Sherman’s statement that he would inform the district attorney that defendant fully cooperated with the police investigation did not constitute a promise of leniency and should not be viewed as a motivating factor in defendant’s decision to confess. (See People v.

Jones, supra, Y1 Cal.4th at p. 298.) We reject the contention that Detective Lindsay’s comments relating to the prospect of special circumstances, and his suggestion that defendant’s denial of responsibility for the Esparza homicide would worsen her position, represented an implied promise of leniency. The possibility that special circumstances would be alleged was realistic, because defendant already had confessed to committing a murder during the commission of a burglary.

No constitutional principle forbids the suggestion by authorities that it is worse for a defendant to lie in light of overwhelming incriminating evidence. “ ‘[Mjere advice or exhortation by the police that it would be better for the accused to tell the truth when unaccompanied by either a threat or a promise does not render a subsequent confession involuntary.’ ” (People v. Howard (1988) 44 Cal.3d 375, 398 [243 Cal.Rptr. 842, 749 P.2d 279]; see People v.

Higareda (1994) 24 Cal.App.4th 1399, 1409 [29 Cal.Rptr.2d 763].) Here, the officers did not make statements that were coercive; they did not threaten defendant and did not specify how her continued denial of criminal involvement could jeopardize her case. Defendant’s contention that the police officers engaged in improper conjecture concerning the accidental nature of the killing also must be rejected.

As noted in our review of the claims related to defendant’s confession to the murder of Gleason, the police properly may confront, and even debate with, a suspect regarding theories based on the circumstances of the crimes and even debate with the suspect the merits of those theories. (People v. Holloway, supra, 33 Cal.4th at p. 115.) Defendant’s contention that Detective Lindsay improperly associated the function of the police with that of defense counsel, by telling defendant that the officers merely were attempting to obtain the same information that defense counsel would need, is not supported by the record.

In essence, Detective Lindsay remarked that eventually defendant would have to tell her lawyer the truth. He did not suggest that defendant’s lawyer and the district attorney would share information or use her testimony for the same purpose. Defendant further contends that the period over which the series of interrogations was conducted was so lengthy that her will was overborne. A police interrogation that is prolonged may be coercive under some circumstances. (See Mincey v.

Arizona (1978) 437 U.S. 385, 398-399 [57 L.Ed.Zd 290, 98 S.Ct. 2408] [the defendant’s statements to the police were not the product of a free and rational choice under the circumstances, where he was questioned for more than three hours, had been seriously wounded several hours earlier, was confused and unable to think clearly, and stated repeatedly that he did not wish to speak without having a lawyer present]; Spano v.

New York (1959) 360 U.S. 315, 320-324 [3 L.Ed.2d 1265, 79 S.Ct. 1202] [confession made by young, emotionally unstable man after eight-hour interrogation, continued despite his requests to speak to his attorney and his repeated refusals to answer questions, was involuntary].) In the present case, although the questioning continued over the course of eight hours, it does not appear that defendant’s will to resist was overborne. The questioning was not aggressive or accusatory. Instead, the interviewing officers chose to build rapport with defendant and gain her trust in order to persuade her to tell the truth.

There is no indication that defendant was induced by fear to make a statement. She appeared lucid and aware throughout the entire interrogation session and never asked the police officers to terminate the interview. Defendant spoke with confidence, and her answers were coherent. Moreover, the police repeatedly offered defendant food and beverages, provided her with four separate breaks, and allowed her to meet privately with her partner, Jackie. We conclude that under the totality of the circumstances, the length of the interrogation did not render defendant’s confessions involuntary.

Finally, defendant asserts that her confession to the murder of Victor Esparza was obtained through improper appeals to religious belief, because during the interrogation Detective Lindsay stated “there’s someone up above, bigger than both of us looking down saying Celeste, you know that you shot that person in San Carlos and it’s time to purge it all.” “[T]he tactic of exploiting a suspect’s religious anxieties has been justly condemned.” (People v. Kelly (1990) 51 Cal.3d 931, 953 [275 Cal.Rptr. 160, 800 P.2d 516]; see People v.

Adams (1983) 143 Cal.App.3d 970, 989 [192 Cal.Rptr. 290] [confession suppressed when the interrogating officer, who attended the same church as the defendant, made repeated references to the defendant’s sin, guilt, apostasy, and “ ‘reprobate mind’ ”].) When police comments are not “calculated to exploit a particular psychological vulnerability of [the] defendant,” however, and “no acute religious anxiety or sense of guilt was apparent from prior questioning,” appeals to religion are unlikely to be a motivating cause of a defendant’s subsequent confession. (People v.

Kelly, supra, 51 Cal.3d at p. 953.) Here, Detective Lindsay’s remarks were not calculated to exploit anxieties or vulnerabilities that might have arisen had defendant held strong religious beliefs. Religion was not discussed in prior questioning, and defendant stated no particular religious affiliation. Moreover, although the interrogation was lengthy, defendant exhibited no sign of being in a particularly fragile mental state that would render her vulnerable to manipulation by reference to religion.

The substance of Detective Lindsay’s comments sought to evoke defendant’s better nature by persuading her that “purging] it all” was morally the right thing to do and would provide her with psychological relief. Lindsay was effective in awakening defendant’s sense of guilt; prior to confessing, she asked whether the detective was a counselor before joining the police force and apologized for not telling the truth earlier.

After confessing, defendant volunteered that she had maintained her silence because the murder of Esparza was not an accident, as the police officers suggested, but an intentional act. “The compulsion to confess wrong has deep psychological roots, and while confession may bring legal disabilities it also brings great psychological relief.” (People v. Andersen (1980) 101 Cal.App.3d 563, 583-584 [161 Cal.Rptr. 707], fn. omitted.) Detective Lindsay did not coerce defendant into confessing through an impermissible appeal to her religious beliefs.

Because the record does not reflect coercive tactics, the trial court did not err in denying defendant’s motion to suppress that evidence. C. Grand Jury Venire Defendant contends that the indictment must be quashed and her convictions reversed because she was indicted by a grand jury from which persons 70 years of age and older were excluded systematically. She contends the exclusion of such persons violated her right to a grand jury drawn from a representative cross-section of the community under the Sixth Amendment to the federal Constitution and

article I,

section 16 of the California Constitution. She also contends the San Mateo County Jury Commissioner’s Office failed to follow state law in selecting the grand jury and thus violated her right to due process of law under the federal Constitution. (Hicks v. Oklahoma (1980) 447 U.S. 343, 346 [65 L.Ed.2d 175, 100 S.Ct. 2227].) There is no exemption from jury service for elderly persons.

A prospective juror may be excused from such service based upon undue hardship resulting from, among other causes, “a physical or mental disability or impairment, not affecting that person’s competence to act as a juror, that would expose the potential juror to undue risk of mental or physical harm.” (Cal.

Rules of Court, rule 2.1008(d)(5).) A court, however, may not require a person 70 years of age or older claiming such disability to furnish verification of his or her condition. (Ibid.) At a hearing held in the trial court, however, it was established that two of the deputy clerks in the San Mateo Superior Court consistently granted exemptions from jury service to all persons 70 years of age and older, whether or not they requested exemption. Other deputies did the same on occasion or exercised greater leniency in granting exemptions to those 70 years of age or older as compared with other persons.

In a random sample taken of the jurors summoned during a six-week period in May and June of 1993, persons 70 years of age or older represented only 1.13 percent of the venire, although in the 1990 census, persons over the age of 70 years represented 10.42 percent of the population. At the hearing, defendant’s experts testified that persons who were in this older age group at the time of defendant’s trial shared distinctive outlooks and attitudes based not only upon their chronological age but also upon their common experience of having lived through World War II and the Great Depression.

A violation of the requirement that a jury be drawn from a fair cross-section of the population is established by showing “(1) that the group alleged to be excluded is a ‘distinctive’ group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection process.” (Duren v.

Missouri (1979) 439 U.S. 357, 364 [58 L.Ed.2d 579, 99 S.Ct. 664].) As defendant concedes, neither this court nor the United States Supreme Court has held that the Sixth Amendment right to a jury drawn from a fair cross-section of the community, applicable to a petit jury, also applies to a state grand jury convened for the purpose of considering issuance of an indictment. (But see Peters v.

Kiff (1972) 407 U.S. 493, 503-504 [33 L.Ed.2d 83, 92 S.Ct. 2163] [if a state chooses to use a grand jury, due process imposes limitations on the composition of that jury and prohibits systematic exclusion based upon race].) In addition, defendant has failed to cite any California case holding that a category composed of older persons is a distinctive group for purposes of fair-cross-section analysis or that members of a particular age category constitute a distinctive group because they experienced certain historical events in common.

We need not resolve these issues, however, because, even assuming the grand jury that indicted defendant was selected in violation of state law or constitutional fair-cross-section requirements, that circumstance would not require reversal of her conviction. (See People v.

Corona (1989) 211 Cal.App.3d 529 [259 Cal.Rptr. 524] (Corona).) Generally, a conviction will not be reversed because of errors or irregularities that occurred at a preliminary hearing or grand jury proceeding, absent a showing that the asserted errors “deprived [the defendant] of a fair trial or otherwise resulted in any actual prejudice relating to [the] conviction.” (People v. Towler (1982) 31 Cal.3d 105, 123 [181 Cal.Rptr. 391, 641 P.2d 1253] [purported irregularities in grand jury proceedings, including the admission of hearsay and improper comments by the prosecutor, did not require reversal]; see People v.

Stewart (2004) 33 Cal.4th 425, 461-463 [15 Cal.Rptr.3d 656, 93 P.3d 271] [asserted misconduct of the prosecutor at the preliminary hearing did not require reversal of conviction absent a showing that the trial was unfair]; People v.

Pompa-Ortiz (1980) 27 Cal.3d 519, 522 [165 Cal.Rptr. 851, 612 P.2d 941] [violation of a defendant’s right to a public preliminary hearing did not compel reversal of his conviction absent a showing that the violation “in some way prejudiced defendant at his subsequent trial”]; Corona, supra, 211 Cal.App.3d at p. 535 [claim that the defendant’s right to a grand jury selected from a fair cross-section of the community had been violated did not require reversal absent prejudice at trial]; see also Coleman v.

Alabama (1970) 399 U.S. 1, 11 [26 L.Ed.2d 387, 90 S.Ct. 1999] [denial of the defendant’s right to counsel at the preliminary hearing was subject to harmless error review].) The United States Supreme Court, in creating an exception to the foregoing general rule, has held that purposeful racial discrimination in the selection of grand jurors, in violation of the constitutional guarantee of equal protection, requires reversal of the ensuing conviction without a showing of prejudice. (Vasquez v. Hillery (1986) 474 U.S. 254, 260-264 [88 L.Ed.2d 598, 106 S.Ct. 617]; Rose v.

Mitchell (1979) 443 U.S. 545, 556 [61 L.Ed.2d 739, 99 S.Ct. 2993]; Strauder v. West Virginia (1879) 100 U.S. 303, 308 [25 L.Ed. 664].) The high court has included among the rare forms of constitutional errors held not to be subject to harmless error analysis the “unlawful exclusion of members of the defendant’s race from a grand jury.” (Arizona v. Fulminante (1991) 499 U.S. 279, 310 [113 L.Ed.2d 302, 111 S.Ct. 1246].) That court, however, has not extended the requirement of automatic reversal to other defects in the grand jury process. (See, e.g., United States v.

Mechanik (1986) 475 U.S. 66, 71-72 [89 L.Ed.2d 50, 106 S.Ct. 938] [violation of the rule prohibiting a grand jury witness from being present during other portions of the grand jury proceedings does not require automatic reversal]; Hobby v.

United States (1984) 468 U.S. 339, 344-350 [82 L.Ed.2d 260, 104 S.Ct. 3093] [discrimination in selection of federal grand jury foreman does not require automatic reversal of defendant’s conviction].) The rationale for reversing a conviction without consideration of prejudice in instances of racial discrimination is that “intentional discrimination in the selection of grand jurors is a grave constitutional trespass, possible only under color of state authority, and wholly within the power of the State to prevent.

Thus, the remedy we have embraced for over a century — the only effective remedy for this violation — is not disproportionate to the evil that it seeks to deter.” (Vasquez v. Hillery, supra, 474 U.S. at p. 262, fn. omitted.) In contrast to the deliberate racial discrimination addressed in Vasquez v. Hillery, supra, 474 U.S. at page 262, the unwarranted exemption of some persons over the age of 70 years as a result of errors committed by court clerks is not the type of “evil” that requires or justifies the extreme remedy of automatic reversal of a criminal conviction obtained as the result of a fair trial.

Indeed, in the present case the superior court’s practices regarding excusal of jurors over 70 years of age were discontinued shortly before the hearing.

Consequently, we agree with the Court of Appeal’s decision in Corona that an asserted violation of the right to a grand jury drawn from a fair cross-section of the community does not require reversal of a conviction obtained after a fair trial, absent a showing of prejudice. (Corona, supra, 211 Cal.App.3d at p. 535.) Defendant does not attempt to demonstrate that the purported constitutional error in selecting the grand jury in her case was prejudicial, and no prejudice is apparent from the record. D.

Jurisdiction of Grand Jury Defendant contends that the grand jury lacked jurisdiction to indict her because, at the time it returned the indictment, proceedings on a previously filed complaint on the same charges had been stayed. We disagree. The prosecution originally filed, in the municipal court in San Mateo County, a complaint against defendant alleging 10 counts, including the two murders and the attempted murder of which she was convicted in the present case.

Defendant pleaded not guilty to all counts and filed a demurrer alleging San Mateo County was not the proper venue for trial of the offenses committed at the workplace of Caroline Gleason, located in Santa Clara County. After the municipal court sustained the demurrer with leave to amend, the prosecution filed an amended complaint alleging that acts preparatory to the commission of the Santa Clara County crimes occurred in San Mateo County. (§ 781.) Defendant again filed a demurrer challenging venue. The municipal court overruled this demurrer and proceeded to set a preliminary hearing date.

Defendant then filed a petition for writ of prohibition in the superior court challenging venue for the offenses committed in Santa Clara County, and Presiding Judge Shelton issued an order to show cause and a stay of all proceedings in the municipal court. While the writ proceeding was still pending, the prosecutor initiated a grand jury proceeding, and that body subsequently returned an indictment against defendant that included the counts previously charged in the complaint as well as additional counts of burglary.

Similarly to the amended complaint, the indictment alleged that “preparatory acts” to the Santa Clara County offenses occurred in San Mateo County, and that property taken during the commission of those offenses was brought to San Mateo County. Over defendant’s objection, the superior court vacated the stay of the municipal court proceedings. The municipal court dismissed the amended complaint, and defendant was arraigned on the indictment. Defendant filed a demurrer to the indictment, challenging venue with regard to the offenses committed in Santa Clara County.

Defendant also moved to dismiss the indictment on the ground that the grand jury lacked authority to return an indictment because proceedings on the complaint were pending and had been stayed. The trial court overruled the demurrer and denied the motion to dismiss the indictment. Defendant contends the grand jury, as an “arm of the superior court,” lacked authority to act as long as the stay was in effect. To the contrary, neither the pendency of the complaint nor the stay of proceedings on that complaint affected the jurisdiction of the grand jury.

In the prosecution of a felony, the People may proceed “either by indictment or ... by information.” (Cal. Const., art. I, § 14; see Pen. Code, §§ 682, 737.) It is within the discretion of the prosecution to accept dismissal of a complaint and begin new proceedings by seeking an indictment. (People v. Uhlemann (1973) 9 Cal.3d 662, 664, 669 [108 Cal.Rptr. 657, 511 P.2d 609].) After a complaint has been filed, the prosecution is not prohibited from seeking an indictment on the same charges, even prior to dismissal of the complaint. (Sherwood v.

Superior Court (1979) 24 Cal.3d 183, 187 [154 Cal.Rptr. 917, 593 P.2d 862] [grand jury did not lack jurisdiction to indict the defendant while a complaint was pending against him on the same charge].) The stay issued by the superior court did not affect the prosecution’s right to seek an indictment. That order stayed “all proceedings in the Municipal Court of this county on the case of The People v. Celeste Simone Carrington, CRSf239675.” An indictment and an information initiate “separate proceedings.” (People v.

Combes (1961) 56 Cal.2d 135, 145 [14 Cal.Rptr. 4, 363 P.2d 4] [error committed in connection with the complaint does not affect subsequent proceedings under an indictment for the same charges]; see People v.

Grace (1928) 88 Cal.App. 222, 228 [263 P. 306] [“The mere fact that the same offense was charged in the indictment that had previously been charged in the information does not establish any legal relation or connection between the information and the indictment. . . and manifestly no error committed in connection with the one proceeding could affect the other.”].) The stay simply did not apply to any potential grand jury proceedings in the superior court.

Defendant also contends that the prosecutor’s action in convening a grand jury while a stay was in effect constituted unfair and unconstitutional forum shopping, violating her rights to due process and fundamental fairness. By seeking an indictment, the prosecution may have avoided some delay in obtaining a probable cause determination while defendant’s venue challenge to the complaint was being litigated. The prosecution, however, did not obtain any unfair advantage in doing so. It did not avoid a ruling on the venue issue.

Defendant demurred to the indictment, alleging that San Mateo County was not a proper venue for trial of the Santa Clara County offenses, and the superior court overruled that demurrer. (See §§ 917, 1004, subd. 1.) The prosecutor’s decision to pursue an indictment was not unlawful and did not result in any unfair advantage over the defense. Consequently, defendant’s constitutional rights were not violated. E.

Venue in San Mateo County for the Gleason Homicide Defendant contends the indictment was facially deficient because it failed to allege facts establishing that San Mateo County was a proper county in which to try the Gleason homicide charges. She claims that therefore the indictment must be quashed, her conviction for Gleason’s murder must be reversed, and the special circumstance findings and death sentence must be set aside.

Defendant further contends that the evidence presented at trial was insufficient to establish that San Mateo County had territorial jurisdiction over those charges, and that conducting her trial in that county violated her Sixth Amendment right to be tried in the district in which the crime was committed. (U.S. Const., 6th & 14th Amends.) Gleason was killed in Santa Clara County.

The indictment alleged that “acts preparatory to the commission” of the burglary and the robbery and murder of Gleason occurred in San Mateo County and that “property taken in the commission” of those crimes was brought into San Mateo County. In overruling defendant’s demurrer, the trial court concluded that the indictment sufficiently alleged that venue was proper in San Mateo County.

Defendant contends the foregoing allegations in the indictment were insufficient because the charging document failed to allege specific facts, including the nature of the preparatory acts she engaged in and the fruits of the homicide that were brought into San Mateo County. Defendant urges that the absence of more specific allegations violated the pleading requirements of California law. (§ 959.) She further contends the absence of specific allegations violated her federal constitutional right to be adequately informed of the nature of the accusation against her. (U.S.

Const., 6th & 14th Amends.) The trial court’s ruling was correct.

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