Can a jury consider the fact that there was an assault during the penalty phase of a robbery as an aggravating factor?

Cummings claims that because no evidence of that offense had been presented at the penalty phase and he had received no notice that it would be offered in aggravation, the above reference to the offense was improper. It was not. Smith had testified. The jury may consider all evidence presented at the guilt phase in proof of the capital offense and the special circumstances. It was permissible for the jury to consider Cummings's conduct during the robbery as an aggravating factor. [850 P.2d 64] (People v. Melton (1988) 44 Cal.3d 713, 764, 244 Cal.Rptr. 867, 750 P.2d 741.)