Is a jury required to consider the elements of other crimes evidence at the penalty phase?

In People v. Maury (2003) 30 Cal.4th 342, 443, 133 Cal.Rptr.2d 561, 68 P.3d 1, we stated that "in the absence of a request, the trial court is under no duty to give an instruction at the penalty phase regarding evidence received at the guilt phase. [Citations.] Even when section 190.3, factor (b), criminal activity is expressly alleged, which was not the case here, `the rule absolving the court of a sua sponte duty to instruct on the elements of crimes introduced under [section 190.3,] factor (b) "`is based in part on a recognition that, as [a] tactical matter, the defendant "may not want the penalty phase instructions ... [to] lead the jury to place undue emphasis on the crimes rather than on the central question of whether he should live or die." [Citations.]'"` [Citation.] If a trial court need not instruct a jury sua sponte as to the elements of alleged other crimes, given the possible undue emphasis which the defense may fear the jury will place on them [citation], a trial court is obviously under no sua sponte obligation to instruct the jury on the prosecution's burden of proving other crimes that are not clearly introduced under section 190.3, factor (b). [Citations.]" Based on the foregoing authority, the court was not required to instruct the jury on other crimes evidence.