Does the final paragraph of section 190.3 of the California Criminal Code apply to sentencing a defendant to death?
California, United States of America
The following excerpt is from People v. Sanders, 273 Cal.Rptr. 537, 51 Cal.3d 471, 797 P.2d 561 (Cal. 1990):
[797 P.2d 602] Accordingly, I conclude that the trial court's instruction in accordance with the mandatory sentencing language of the final paragraph of section 190.3 might indeed have misled the jury as to the scope of their discretion to defendant's prejudice. Therefore, I would set aside the verdict of death and reverse the judgment as to penalty. (See, e.g., People v. Farmer (1989) 47 Cal.3d 888, 931, 254 Cal.Rptr. 508, 765 P.2d 940.)
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