§ 190.4. Special findings on truth of each alleged special circumstance; penalty hearing; application for modificationNow, in his case if the special circumstance is "kidnapping" that would pretty much be definitive. If they find he murdered her, they've pretty much concluded he kidnapped her. OTOH, if the special circumstance is the sexual molestation, in this case THAT would be much harder to prove by what I call "BURP" (beyond a reasonable doubt).(a) Whenever special circumstances as enumerated in Section 190.2 are alleged and the trier of fact finds the defendant guilty of first degree murder, the trier of fact shall also make a special finding on the truth of each alleged special circumstance. The determination of the truth of any or all of the special circumstances shall be made by the trier of fact on the evidence presented at the trial or at the hearing held pursuant to Subdivision (b) of Section 190.1.
In case of a reasonable doubt as to whether a special circumstance is true, the defendant is entitled to a finding that it is not true. The trier of fact shall make a special finding that each special circumstance charged is either true or not true. Whenever a special circumstance requires proof of the commission or attempted commission of a crime, such crime shall be charged and proved pursuant to the general law applying to the trial and conviction of the crime.