What should the jury have been instructed not to draw any adverse inference from the fact that defendant did not testify at the penalty phase?

Defendant argues the trial court should have instructed the jury sua sponte not to draw any adverse inference from the fact that defendant did not testify. Defendant points out that the court gave an instruction of this kind at the guilt phase, but it instructed the jury at the penalty phase to disregard guilt phase instructions. On this basis, defendant asserts the jury may have thought it was appropriate at the penalty phase to draw an adverse inference from defendant's failure to testify. We have repeatedly rejected similar contentions (see, e.g., People v. Holt (1997) 15 Cal.4th 619, 687, 63 Cal. Rptr.2d 782, 937 P.2d 213), and do so again here. Defense counsel may have a tactical reason for not wanting the instruction defendant proposes?particularly at the penalty phase?and the court does not err in failing to give the instruction sua sponte.

Defendant argues the trial court should have instructed the jury that it had to reach a unanimous agreement as to the existence of a particular aggravating factor before it could take that aggravating factor into consideration. We have held that this instruction is not necessary in light of other instructions that ensure reliability of the death verdict. (See, e.g., Prieto, supra, 30 Cal.4th at p. 275, 133 Cal.Rptr.2d 18, 66 P.3d 1123; People v. Coddington (2000) 23 Cal.4th 529, 641-642, 97 Cal. Rptr.2d 528, 2 P.3d 1081.)

Defendant asserts error based on the trial court's refusal to give his requested instruction that "[l]ife without the possibility of parole means life without the possibility of parole." We have repeatedly rejected a similar contention (see, e.g., People v. Memro (1995) 11 Cal.4th 786, 886-887, 47 Cal.Rptr.2d 219, 905 P.2d 1305), and do so again here. Among other things, the proposed instruction is confusing because its internal circularity might have caused the jury to speculate that other instructions do not mean what they say.