What evidence supports the conviction and special-circumstance finding for the murder of a man at a bathhouse?

The only witness to the shooting observed defendant standing in the doorway of the restroom, facing and firing inside, and then fleeing the scene. After the murder, the defendant attempted to use a credit card belonging to the victim. The defendant had admitted to an acquaintance that he had been making money off dates' with homosexuals and had killed one. The only reason defendant provided for the killing was he had to kill one. ( People v. Morris, supra, 46 Cal.3d at pp. 10-11, 249 Cal.Rptr. 119, 756 P.2d 843.)

We held this evidence was insufficient to sustain the robbery conviction or the robbery-murder special-circumstance finding because the evidence was insufficient to prove the victim had been robbed-the record contain[ed] no evidence that any personal property was in the victim's possession at the time of the murder. ( People v. Morris, supra, 46 Cal.3d at p. 20, 249 Cal.Rptr. 119, 756 P.2d 843.) The defendant's admission to his acquaintance suggested he may have gone to the bathhouse to engage in prostitution and committed murder, but it did not support a reasonable inference that defendant committed a robbery. ( Id., at pp. 21-22, 249 Cal.Rptr. 119, 756 P.2d 843.) The prosecution, therefore, failed to prove beyond a reasonable doubt that the victim was murdered during the commission of a robbery. ( Id., at pp. at p. 22, 249 Cal.Rptr. 119, 756 P.2d 843.)

[45 Cal.4th 31]