Does section 190.2 and 190.3, factor (a) of the California Penal Code apply to the death penalty?

Penal Code sections 190.2 and 190.3 are not impermissibly broad, and Penal Code section 190.3, factor (a), does not make imposition of the death penalty arbitrary and capricious. ( People v. Johnson (2015) 60 Cal.4th 966, 997, 184 Cal.Rptr.3d 612, 343 P.3d 808.) "Except for evidence of other crimes and prior convictions, jurors need not find aggravating factors true beyond a reasonable doubt; no instruction on burden of proof is needed; the jury need not achieve unanimity except for the verdict itself; and written findings are not required." ( Ibid . ) "CALJIC No. 8.88s use of the words so substantial, its use of the word warrants instead of appropriate, its failure to instruct the jury that a sentence of life is mandatory if mitigation outweighs aggravation, and its failure to instruct the jury on a presumption

[439 P.3d 810]