Does the trial court have to recite its determination that the aggravating circumstances outweigh the mitigating circumstances?

California, United States of America


The following excerpt is from People v. Burgener, 223 Cal.App.3d 427, 272 Cal.Rptr. 830 (Cal. App. 1990):

Additionally, although the trial court did not separately state specific findings and specific reasons for its determination, and then recite its determination, its statements during the reweighing and balancing process amounted to sufficient findings and reasons. Further, implied in the court's granting the application was its determination that the jury's findings and verdicts that the aggravating circumstances outweigh the mitigating circumstances are contrary to law or the evidence presented. As stated in People v. Lewis (1987) 191 Cal.App.3d 1288 at page 1296, 237 Cal.Rptr. 64: " 'It is a basic presumption indulged in by reviewing courts that the trial court is presumed to have known and applied the correct statutory and case law in the exercise of its official duties.' [Citation omitted.]"

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