California, United States of America
The following excerpt is from People v. Spencer, 235 Cal.Rptr.3d 278, 420 P.3d 1102, 5 Cal.5th 642 (Cal. 2018):
The courts answer to the jurys question did not do violence to this instruction. The answer only informed jurors that they could not consider Spencers participation in the robbery when debating whether Spencers involvement in the murder was minor under factor (j). Pursuant to factor (j), the jury considers "[w]hether or not the defendant[s] ... participation in the commission of the offense was relatively minor." ( 190.3, subd. (j).) We agree with the People that the singular reference to "the offense" in a statutory provision governing the life or death decision in a capital crime refers only to the capital crime. (See People v. Keenan (1988) 46 Cal.3d 478, 513, fn. 15, 250 Cal.Rptr. 550, 758 P.2d 1081 [characterizing factor (j) as "minor participation in the capital offense"].) It does not refer to any other offense, including a robbery committed four days earlier, targeted at a different victim at a different location.
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