Does a jury need to prove intent to kill to get a death penalty in a felony-murder case?

4 My own view is that neither the federal nor the state Constitution requires proof of intent to kill to impose the death penalty in felony-murder cases. (People v. Whitt (1984) 36 Cal.3d 724 at pp. 749-751, 205 Cal.Rptr. 810, 685 P.2d 1161 [dis. opn. of Lucas, J.].) A fortiori, the absence of jury instructions on intent to kill should not require reversal of the special circumstances finding. However, the majority view is otherwise and controls this case.