What is the test for jury nullification in a murder trial?

"[I]n cases not involving the death penalty, it is settled that punishment should not enter into the jury's deliberations." (People v. Engelman (2002) 28 Cal.4th 436, 442.) It is also settled that the Sixth Amendment right to a jury trial does not include a "right to jury nullification." Rather, "jurors are required to determine the facts and render a verdict in accordance with the court's instructions on the law. A juror who is unable or unwilling to do so is 'unable to perform his [or her] duty' as a juror ( 1089) and may be discharged." (People v. Williams (2001) 25 Cal.4th 441, 449-463.) "Jury nullification is contrary to our ideal of equal justice for all and permits both the prosecution's case and the defendant's fate to depend upon the whims of a particular jury, rather than upon the equal application of settled rules of law." (Id. at p. 463.)

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The judgment is affirmed.