Does Defendant have a claim that the trial court should have instructed the jury that it could impose the death penalty only if it found beyond a reasonable doubt that death is appropriate?
California, United States of America
The following excerpt is from People v. Hovey, 244 Cal.Rptr. 121, 44 Cal.3d 543, 749 P.2d 776 (Cal. 1988):
6 Defendant also contends that the trial court should have instructed the jury that it could impose the death penalty only if it found beyond a reasonable doubt that death was appropriate. We recently rejected an identical contention and do not reconsider it here. (See People v. Rodriguez, supra, 42 Cal.3d 730, 777-779, 230 Cal.Rptr. 667, 726 P.2d 113.)
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