Can a jury impose a death sentence on the grounds that there is lingering doubt that there are mitigating circumstances?

People v. Prieto (2003) 30 Cal.4th 226, 263, 133 Cal.Rptr.2d 18, 66 P.3d 1123.) Accordingly, a jury may impose a death sentence notwithstanding its belief that mitigating circumstances, including lingering doubt, exist. (See CALJIC No. 8.88 ["To return a judgment of death, each of you must be persuaded that the aggravating circumstances are so substantial in comparison with the mitigating circumstances that it warrants death instead of life without parole."].) The trial court's statement that, even if the jury has some doubt, it "still may choose which of the two penalties is appropriate" was therefore an accurate statement of the significance of the existence

[232 Cal.Rptr.3d 105]