Can the jury consider the importance of the age factor in determining whether or not the evidence should be considered "triple count" or "double count"?

The jury was not told that it should or could "double count" or "triple count" evidence under these factors, however, and the court is not under a duty to instruct sua sponte that such consideration would be improper. (People v. Guzman (1988) 45 Cal.3d 915, 966, 248 Cal.Rptr. 467, 755 P.2d 917.) Since the prosecutor did not mislead the jury, or suggest that the evidence be considered more damning because it related to more than one factor, ⁴⁰ we do not agree that it is likely the jury overemphasized its importance.

E. Age Factor.

Defendant urges the court to reconsider our conclusion in People v. Lucky, supra, 45 Cal.3d 259, 302, 247 Cal.Rptr. 1, 753 P.2d 1052, that age-related matters suggested by the evidence and relevant to

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