Is bad character evidence admissible as an aggravating factor in a criminal case-in-chief?

In People v. Edelbacher, supra, 47 Cal.3d 983, 254 Cal.Rptr. 586, 766 P.2d 1, we said the prosecution acted improperly in arguing that evidence of the defendant's background and history evidence that did not relate to the circumstances of the crime showed "`that he's had all the breaks'" (id. at p. 1033, 254 Cal.Rptr. 586, 766 P.2d 1) so the crime could not be blamed on childhood deprivation or hardship. Character evidence relevant only to factor (k), we said, cannot be used affirmatively as a circumstance in aggravation. (People v. Edelbacher, supra, 47 Cal.3d at p. 1033, 254 Cal.Rptr. 586, 766 P.2d 1.) These cases show that evidence of mental illness or bad character is admissible in

[25 Cal.Rptr.3d 569]

the prosecution's case in chief only if, as here, it relates to an aggravating factor listed in section 190.3. But if the evidence does relate to an aggravating factor, it is admissible as part of the prosecution's penalty case-in-chief, even if it also bears upon a mitigating factor listed in that section.

[25 Cal.Rptr.3d 569]