Does the court correct the prosecutor in the context of a penalty for failing to consider the relevant aggravating and mitigating factors in a motor vehicle accident case?

We disagree. The court properly and with some prescience, corrected the prosecutor and thereby avoided error of the type that necessitated reversal of the penalty in People v. Easley, supra, 34 Cal.3d 858, 884-885, 196 Cal.Rptr. 309, 671 P.2d 813. That instruction adequately and correctly advised the jury that they were free to consider the relevant aggravating and mitigating circumstances but were not required by the law to impose either penalty based upon the outcome of a mechanical weighing process. ⁴¹

C. Consideration of Nonstatutory Aggravating Factors