Does the Attorney General's supplementary charge at the Superior Court of Justice cure or amend the Briggs Instruction?

Having considered the matter closely, we cannot agree with the Attorney General that the supplementary charge somehow cured the Briggs Instruction. In our view, that charge does not negate the objectionable language, which continues to mislead: "the instruction would reasonably be understood by the average juror to mean, by negative implication, that while a sentence of life without possibility of parole may be commuted, a sentence of death may not." ( People v. Ramos, supra, 37 Cal.3d at p. 153, 207 Cal.Rptr. 800, 689 P.2d 430.)