What is the test for a defendant to argue that a trial court commits prejudicial error by instructing in the language of CALJIC No.51 that motive is not an element of the crime charged?

We have in the past rejected defendant's argument that a trial court commits prejudicial error by instructing in the language of CALJIC No. 2.51 that motive is not an element of the crime charged. There is no reasonable likelihood that the jury would have applied the motive instruction to the special circumstance allegation. (People v. Noguera, supra, 4 Cal.4th at p. 637, 15 Cal.Rptr.2d 400, 842 P.2d 1160.)

Defendant challenges the financial gain special circumstance as vague, arguing that it violates due process because persons of common intelligence must necessarily guess at its meaning. We have in the past rejected a similar challenge. In People v. Howard, supra, 44 Cal.3d at page 410, 243 Cal.Rptr. 842, 749 P.2d 279, this court held that "financial gain" is not a technical term, obviating any need for further refinement of the phrase absent a showing of confusion resulting from use of the term. We thus reject defendant's claim that the financial gain special circumstance is impermissibly vague or overbroad on the ground that persons must guess at its meaning. (People v. Edelbacher, supra, 47 Cal.3d at p. 1025, 254 Cal.Rptr. 586, 766 P.2d 1.)