Does a jury need to unanimously consider unadjudicated criminal activities as a factor in aggravation?

The jury need not unanimously consider unadjudicated criminal activities as factors in aggravation, but such criminal activities can be considered only if deemed true beyond a reasonable doubt. ( People v. Harris, supra, 37 Cal.4th at p. 366, 33 Cal.Rptr.3d 509, 118 P.3d 545.)

CALJIC No. 8.88 does not improperly instruct the jury that a verdict of death is required if the factors in aggravation outweigh the factors in mitigation. ( People v. Arias (1996) 13 Cal.4th 92, 170171, 51 Cal.Rptr.2d 770, 913 P.2d 980.) The jury need not be instructed to presume that a

[328 P.3d 35]