California, United States of America
The following excerpt is from People v. Perez, H036037 (Cal. App. 2011):
We also do not regard this as a case where the trial court based punishment, or a negative inference, on defendant's remaining silent or refusing to confess guilt. While defendant said nothing at sentencing, he did not remain silent at trial, but testified and denied guilt. He also maintained this position post-conviction when he spoke to the probation officer and to correctional counselors in anticipation of sentencing. It was no violation of defendant's right to remain silent for the trial court to consider what defendant said and did not say when he spoke about the crime. (Cf. People v. Ghent (1987) 43 Cal.3d 739, 770-771 [no violation for prosecutor to mention that the defendant " 'hasn't so much as told you he's sorry' " when he testified at the death penalty phase]; People v. Holt (1997) 15 Cal.4th 619, 691 [no violation for prosecutor to argue that a defendant who had testified at the guilt phase " 'has shown no remorse for his crime' "].)
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