How has factor (a) been considered in determining that a defendant's use or attempted use of force was an aggravating circumstance?

Addressing factor (b) the presence or absence of criminal activity by the defendant involving the use or attempted use of force the court did err by considering appellant's use of force during the murder under that factor, which refers only to other instances of violent conduct or threatened violence (People v. Champion, supra, 9 Cal.4th at p. 945, 39 Cal. Rptr.2d 547, 891 P.2d 93), and by failing to recognize that the absence of prior criminal activity involving force is mitigating. However, there is no indication that the court considered appellant's use of force during the murders to be an aggravating circumstance that was additional to factor (a) and "double counted" the aggravating nature of that conduct when concluding that aggravating circumstances outweighed mitigating.