California, United States of America
The following excerpt is from People v. Abdul-Malik, B236737 (Cal. App. 2012):
"California law, through section 1204, gives a criminal defendant the right at sentencing to make a sworn personal statement in mitigation that is subject to cross-examination by the prosecution. This affords the defendant a meaningful opportunity to be heard and thus does not violate any of defendant's rights under the federal Constitution." (People v. Evans (2008) 44 Cal.4th 590, 600 (Evans).) The right to make a sworn statement in mitigation of punishment is forfeited if the defendant does not offer to testify before the pronouncement of judgment. (Ibid.; People v. Nitschmann (2010) 182 Cal.App.4th 705, 708 (Nitschmann).)
After conviction, defense counsel filed a motion for new trial, a sentencing memorandum, and a motion to dismiss prior strike convictions under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). The prosecution responded with a sentencing memorandum requesting a sentence of 25 years to life.
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