What is the test for identifying aggravating and mitigating factors in a death penalty case?

The trial court is not required to identify which factors are aggravating and which are mitigating or to restrict the jurors' consideration of the evidence in this regard. ( People v. Brown (2004) 33 Cal.4th 382, 402, 15 Cal.Rptr.3d 624, 93 P.3d 244.)

California's death penalty statute does not violate equal protection by denying capital defendants certain procedural safeguards, such as jury unanimity and written jury findings, while affording such safeguards to noncapital defendants. ( People v. Watson (2008) 43 Cal.4th 652, 703704, 76 Cal.Rptr.3d 208, 182 P.3d 543.)