What is the test for a jury to determine the appropriate penalty for a defendant who pleaded guilty to a charge of assault?

California, United States of America


The following excerpt is from People v. Gonzalez, 275 Cal.Rptr. 729, 51 Cal.3d 1179, 800 P.2d 1159 (Cal. 1990):

Defendant urges that the instructions and argument precluded the jury from considering its "lingering doubt" about his guilt for purposes of deciding the appropriate penalty. (See People v. Terry (1964) 61 Cal.2d 137, 145-147, 37 Cal.Rptr. 605, 390 P.2d 381.) We disagree.

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