“ At petitioner's trial, the jury found the existence of two special circumstances-that the murder was committed in the course of a kidnapping, and that the murder was accompanied by the infliction of torture. The California Supreme Court reversed the jury's finding as to the special circumstance of torture, because the jury was not instructed that the circumstance required proof of intent to torture. People v. ”

“ Cal.Penal Code § 190.1 (a) (West 1988) . At the penalty phase, the trier of fact weighs any aggravating circumstances, including the special circumstances found to be true, against any mitigating circumstances. ”