Can a jury consider any factor in aggravation only if it unanimously agrees that such factor exists?
California, United States of America
The following excerpt is from People v. Clark, 10 Cal.Rptr.2d 554, 3 Cal.4th 41, 833 P.2d 561 (Cal. 1992):
Defendant finally contends the court should have instructed the jury it could consider any factor in aggravation only if it unanimously agreed that such factor existed. We have repeatedly rejected the contention. (People v. Gordon (1990) 50 Cal.3d 1223, 1273, 270 Cal.Rptr. 451, 792 P.2d 251.)
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