Does Section 190.3 of the California Code of Civil Procedure apply to a defendant in a death penalty case?

California, United States of America


The following excerpt is from People v. Miranda, 241 Cal.Rptr. 594, 44 Cal.3d 57, 744 P.2d 1127 (Cal. 1987):

Section 190.3 provides, in pertinent part: "Except for evidence in proof of the offense or special circumstances which subject a defendant to the death penalty, no evidence may be presented by the prosecution in aggravation unless notice of the evidence to be introduced has been given to the defendant within a reasonable period of time as determined by the court, prior to trial." The purpose of the statutory notice is to advise an accused of the evidence against him so that he may have a reasonable opportunity to prepare a defense at the penalty trial. (See Keenan v. Superior Court (1981) 126 Cal.App.3d 576, 587, 177 Cal.Rptr. 841.)

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