Can a jury consider the fact of defendant's mental problems as a mitigating factor in the penalty phase?

Counsel discussed the fact of defendant's mental problems at length during her closing argument and, although she did not specifically refer to section 190.3, factor (k), we assume the jury followed the instructions permitting it to consider defendant's mental problems under factor (k). (See People v. Williams, supra, 16 Cal.4th at p. 256, 66 Cal.Rptr.2d 123, 940 P.2d 710.) In any event, it does not appear reasonably probable the result of the penalty phase would have been different had defense counsel, during her discussion of defendant's mental problems, referenced factor (k) specifically in addition to arguing such evidence was mitigating under section 190.3, factors (d) and (h).

7. Jury Was Misled into Believing It Must Be Unanimous Before It Could Consider a Mitigating Factor