Does a jury have to find that a defendant had the intent to kill?

The instructions given, however, properly required that the jury find that defendant, if he was only an aider and abettor, had the intent to kill. ¹⁰ (See People v. Pinholster (1992) 1 Cal.4th 865, 954, 4 Cal.Rptr.2d 765, 824 P.2d 571.) ¹¹ Accordingly, we find no error.

[6 Cal.4th 899] F. Prior murder special circumstance.

Defendant asserts that the trial court erred in failing to instruct the jury that intent to kill was an element of the prior-murder-conviction special circumstance ( 190.2, subd. (a)(2)). Defendant's claim has no merit. Subsequent to the initial briefing that raised this point, we decided People v. Hendricks (1987) 43 Cal.3d 584, 596, 238 Cal.Rptr. 66, 737 P.2d 1350, which directly rejects the contention that section 190.2, subdivision (a)(2), requires a finding of intent to kill.