Does a finding of intent to inflict pain and suffering need to be considered as an element of a special-circumstance finding?

^5. Defendant also cites People v. Leach (1985) 41 Cal.3d 92, in which we reversed a torture-murder special-circumstance finding because the jury was not instructed that intent to inflict pain and suffering was an element of the finding. (Id., at pp. 109-110.) We declined to affirm in spite of the error because the evidence did not demonstrate intent to inflict pain " 'as a matter of law,' " noting the "strong evidence of intent to kill militates to some extent against a finding of intent to inflict pain." (Id., at p. 110.) Because the jury was properly instructed here, the evidence need not demonstrate intent to inflict pain as a matter of law. Leach has no application.