Is the failure to give a "reasonable doubt" instruction sufficient to be considered as an aggravating factor under section 190.3, subdivision (b) of the California Criminal Code?

The second error--the failure to give a "reasonable doubt" instruction--tainted all of the other crimes that could properly have been considered by the jury as aggravating factors under section 190.3, subdivision (b). Past cases have frequently found such error prejudicial (see, e.g., People v. McClellan, supra, 71 Cal.2d 793, 806, 80 Cal.Rptr. 31, 457 P.2d 871) and that would appear to be particularly true in this case in which the prosecution's penalty phase evidence rested so heavily on other crimes evidence.