In a motor vehicle accident case, in what circumstances will a jury consider whether there is an aggravating or mitigating circumstance in determining which of the two most serious penalties apply?

We disagree. As noted, the instruction used language suggested by People v. Brown, supra, 40 Cal.3d 512, 541-542, footnote 13, 230 Cal.Rptr. 834, 726 P.2d 516. There, we noted that because aggravating and mitigating circumstances are weighed in the context of determining which of the law's two most serious penalties applies, the jury must understand that the decision is not whether the "bad" evidence outweighs the "good" but whether

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