California, United States of America
The following excerpt is from People v. Dozier, 153 Cal.Rptr. 53, 90 Cal.App.3d 174 (Cal. App. 1979):
[90 Cal.App.3d 179] If we assume the judge's gratuitous reference created error, the question arises under People v. Watson, 46 Cal.2d 818, 299 P.2d 243, whether that error requires reversal. It is not reasonably probable a different base term would have been selected in light of the multitude of aggravating factors had the remark not been uttered. We find no error that requires remand for resentencing. Finally, defense counsel did not object to the upper term but actually agreed that there was no basis for any other finding.
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