Does section 190.2 of the California Penal Code allow the death penalty to be imposed on a defendant who committed an unintentional felony murder?

Section 190.2 adequately narrows the class of murder for which the death penalty may be imposed [citation], and is not overbroad, either because of the sheer number and scope of special circumstances which define a capital murder, or because the statute permits imposition of the death penalty for an unintentional felony murder [citation]. ( People v. Harris, supra, 37 Cal.4th at p. 365, 33 Cal.Rptr.3d 509, 118 P.3d 545.)

Consideration of the circumstances of the crime under section 190.3, factor (a), does not result in arbitrary or capricious imposition of the death penalty. ( People v. Hamilton, supra, 45 Cal.4th at p. 960, 89 Cal.Rptr.3d 286, 200 P.3d 898.)