California, United States of America
The following excerpt is from People v. Cage, 195 Cal.Rptr.3d 724, 362 P.3d 376, 62 Cal.4th 256 (Cal. 2015):
" [T]he statutory instruction to the jury to consider "whether or not" certain mitigating factors were present did not impermissibly invite the jury to aggravate the sentence upon the basis of nonexistent or irrational aggravating factors. " (People v. Edwards (2013) 57 Cal.4th 658, 766, 161 Cal.Rptr.3d 191, 306 P.3d 1049 ; accord, People v. Linton, supra, 56 Cal.4th at p. 1216, 158 Cal.Rptr.3d 521, 302 P.3d 927.) "There is no constitutional requirement
[195 Cal.Rptr.3d 761]
that the jury be instructed regarding which of the statutory
[362 P.3d 407]
factors in section 190.3 are aggravating, which are mitigating, and which could be either aggravating or mitigating." (People v. Merriman (2014) 60 Cal.4th 1, 106107, 177 Cal.Rptr.3d 1, 332 P.3d 1187.)
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