What is the test for the death penalty in a murder case?

the jury shall determine whether the penalty shall be death or confinement in state prison for a term of life without the possibility of parole.... [] ... [] ... If the trier of fact determines that the mitigating circumstances outweigh the aggravating circumstances the trier of fact shall impose a sentence of confinement in state prison for a term of life without the possibility of parole. ( 190.3.) If a juror believes that life without possibility of parole in fact allows paroleand for that reason regards that sentence as an inadequate alternative to the death penalty in a particular casethat juror would have labored under a false choice between sentencing [the defendant] to death and sentencing him to a limited period of incarceration. (Simmons v. South Carolina (1994) 512 U.S. 154, 161, 114 S.Ct. 2187, 129 L.Ed.2d 133.) In other words, a mistaken belief that the alternative to death is more lenient than the law actually provides may improperly bias that juror's penalty determination in favor of death.