Can a jury consider unadjudicated criminal activity as an aggravating factor in a death penalty case?

" 'The jury may properly consider evidence of unadjudicated criminal activity under section 190.3, factor (b)' [citation], and need not first decide the prior criminal activity was true beyond a reasonable doubt by unanimous vote [citation]. Further, permitting the jury to consider prior unadjudicated criminal activity as aggravating evidence did not unconstitutionally allow it to impose the death penalty on unreliable, undiscussed, or undebated evidence, especially because the jury was instructed that no juror could consider such evidence unless he or she found beyond a reasonable doubt that defendant had committed the crime or crimes." (People v. Jones , supra , 57 Cal.4th at p. 980, 161 Cal.Rptr.3d 295, 306 P.3d 1136.)

"Assertedly denying some procedural protections to capital defendants that would apply to noncapital defendants,"

[210 Cal.Rptr.3d 743]

such

[384 P.3d 757]

as disparate sentence review, requiring written findings, and requiring unanimity on aggravating factors does not violate equal protection. (People v. Jones , supra , 57 Cal.4th at p. 981, 161 Cal.Rptr.3d 295, 306 P.3d 1136.)