California, United States of America
The following excerpt is from People v. McMillan, E040327 (Cal. App. 10/17/2007), E040327 (Cal. App. 2007):
Moreover, the alleged denial of a right to jury trial on aggravating circumstances is reviewed under the harmless error standard of Chapman v. California (1967) 386 U.S. 18, 24 [87 S.Ct. 824, 828, 17 L.Ed.2d 705]. (People v. Sandoval 41 Cal.4th 825, 828.) If a reviewing court concludes, beyond a reasonable doubt, that the jury, applying the beyond-a-reasonable-doubt standard, unquestionably would have found true at least a single aggravating circumstance had it been submitted to the jury, the Sixth Amendment error properly may be found harmless. (Id. at pp. 839-841.) Here, there was at least one valid aggravating circumstance, regardless of those defendant complains were not found true by a jury. He was therefore eligible for aggravated sentencing, and the aggravated sentence was his "statutory maximum."
Imposition of the aggravated sentence was proper under the circumstances of this case.
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