Does Section 190.3 of the California Code of Civil Procedure apply in aggravation cases?

California, United States of America


The following excerpt is from People v. Hajek, S049626 (Cal. 2014):

Section 190.3 provides in part: "Except for evidence in proof of the offense or special circumstances which subject a defendant to the death penalty, no evidence may be presented by the prosecution in aggravation unless notice of the evidence to be introduced has been given to the defendant within a reasonable period of time as determined by the court, prior to trial. Evidence may be introduced without such notice in rebuttal to evidence introduced by the defendant in mitigation." "The purpose of the notice requirement is to afford a capital defendant the opportunity to prepare to meet evidence introduced in aggravation of the offense." (People v. Carrera (1989) 49 Cal.3d 291, 334.)

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