What is the test for a jury to convict a defendant of sexual assault on the basis of lingering doubt as to the nature of the crime?

[53 Cal.3d 676] The trial court refused this formulation because it focused on lingering doubt as to the nature of defendant's participation rather than his guilt. (See People v. Terry (1964) 61 Cal.2d 137, 145-147, 153, 37 Cal.Rptr. 605, 390 P.2d 381.) The court suggested a modification consistent with People v. Terry, supra; but, counsel rejected the offer. The defense strenuously argued the substance of the rejected instruction; and the prosecutor never suggested it was not a relevant consideration if the jury found it supported by the evidence. Defendant now contends he was constitutionally entitled to an instruction tailored to this specific mitigating circumstance.