Does a valid aggravating factor need to be considered?
California, United States of America
The following excerpt is from People v. Proctor, 15 Cal.Rptr.2d 340, 4 Cal.4th 499, 842 P.2d 1100 (Cal. 1992):
13 Because the trial court did not consider any "invalid aggravating factor" (including any aggravating factor not supported by substantial evidence) in denying the motion under section 190.4, subdivision (e), Sochor v. Florida (1992) 504 U.S. 527, ---- - ----, 112 S.Ct. 2114, 2120-2123, 119 L.Ed.2d 326, cited in defendant's supplemental brief, has no application to the present case.
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