Does a court have a duty to instruct on elements of aider and abettor liability in a factor (b) crime?

repeatedly held that the trial court has no duty, absent a request, to instruct on elements of crimes proved under factor (b). (People v. Cain (1995) 10 Cal.4th 1, 72.) Defendant did not request an instruction on the elements of aider and abettor liability in connection with the section 190.3, factor (b) crimes, but he contends that the alteration to CALJIC No. 8.87 gave rise to a duty to so instruct. We disagree: "[T]he instructions were not so vital to the jury's evaluation of defendant's prior actions as to require that they be given without a request." (People v. Cain, supra, at p. 72.) As in People v. Cain, "the jury had before it evidence and argument from which it could rationally assess the degree of culpability [the] defendant bore in the prior incident. The proper focus for consideration of prior violent crimes in the penalty phase is on the facts of the defendant's past actions as they reflect on his character, rather than on the labels to be assigned the past crimes . . . ." (Id. at p. 73.)