California, United States of America
The following excerpt is from People v. HOVARTER, 189 P.3d 300, 44 Cal.4th 983, 81 Cal.Rptr.3d 299 (Cal. 2008):
( People v. Carpenter (1997) 15 Cal.4th 312, 420, 63 Cal.Rptr.2d 1, 935 P.2d 708), we have rejected this precise argument (see, e.g., People v. Moon, supra, 37 Cal.4th at p. 42, 32 Cal.Rptr.3d 894, 117 P.3d 591), and defendant presents no reason why our previous pronouncements on the subject were in error. Moreover, because defendant waived a jury and had the penalty decision made by the trial court, it was unlikely in the extreme that he suffered any prejudice in any event. We thus reject the argument.
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