How have instructions been interpreted in a murder case?

Defendant cites People v. Guiton (1993) 4 Cal.4th 1116, 1122, for the proposition that, "when the prosecution presents its case to the jury on alternate theories, some of which are legally correct and others legally incorrect, and the reviewing court cannot determine from the record on which theory [the jury adopted], the conviction cannot stand." Defendant argues the instructions allowed the jury to find the gang special circumstance true without finding he intended to kill, and there was no evidence he intended to kill.