What is the relevant evidence that the prosecutor and defense counsel may have to present to the jury at the penalty phase of a sexual assault case?

California, United States of America


The following excerpt is from People v. Anderson, 235 Cal.Rptr.3d 1, 420 P.3d 825, 5 Cal.5th 372 (Cal. 2018):

[Pen. Code,] 190.3, factor (a).) ( People v. Champion (1995) 9 Cal.4th 879, 947 [39 Cal.Rptr.2d 547, 891 P.2d 93].) Factor (a) of [Penal Code] section 190.3 allows the prosecutor and defense counsel to present to the penalty phase jury evidence of all relevant aggravating and mitigating matters "including but not limited to, the nature and circumstances of the present offense , ... and the defendants character , background, history, mental condition and physical condition." ( People v. Guerra (2006) 37 Cal.4th 1067, 1154 [40 Cal.Rptr.3d 118, 129 P.3d 321], some italics added.) The evidence may be relevant under [Penal Code] section 190.3, factor (a), to the extent that [it] gives rise to reasonable

[235 Cal.Rptr.3d 27]

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