California, United States of America
The following excerpt is from People v. Hernandez, 253 Cal.Rptr. 199, 47 Cal.3d 315 (Cal. 1988):
The prosecutor agreed with defense counsel's remarks that the jury should not just count factors but rather should examine the quality of factors and determine the proper penalty which in their view should be imposed on this defendant. We conclude from a review of all these remarks that the jurors could not have been misled as to their discretion and responsibility in making the penalty decision. (And see People v. Siripongs (1988) 45 Cal.3d 548, 581-582, 247 Cal.Rptr. 729, 754 P.2d 1306.)
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