Is a defendant's contention that the trial court erred in denying defense counsel's request for an instruction identifying mitigating factors?

[18 Cal.4th 1024] We recently considered and rejected the identical claim in People v. Millwee, supra, 18 Cal.4th at pages 162-163, 74 Cal.Rptr.2d 418, 954 P.2d 990, and cases cited therein. For the reasons succinctly stated in that opinion, defendant's contention is likewise rejected here.

In a footnote and with little elaboration, defendant next contends that the trial court erred in refusing defense counsel's request for an instruction identifying for the jury which factors were mitigating. We have consistently rejected this contention on the basis that whether a factor is aggravating or mitigating is readily apparent without such labels. (People v. Millwee, supra, 18 Cal.4th at pp. 163-164, 74 Cal.Rptr.2d 418, 954 P.2d 990.) Defendant offers no persuasive argument to the contrary.