Does section 190.2 of the California Code of Civil Procedure apply to the death penalty?

Section 190.2 does not fail to meaningfully narrow the pool of murderers eligible for the death penalty. (People v. Williams (2010) 49 Cal.4th 405, 469, 111 Cal.Rptr.3d 589, 233 P.3d 1000.)

Permitting the jury to consider the circumstances of the crime ( 190.3, factor (a)) in determining penalty does not result in the arbitrary and capricious imposition of the death penalty. (People v. Kennedy (2005) 36 Cal.4th 595, 641, 31 Cal.Rptr.3d 160, 115 P.3d 472.)