Does the standard instruction "totality of the aggravating and mitigating circumstances" apply to a single mitigating circumstance?
California, United States of America
The following excerpt is from People v. Dickey, 111 P.3d 921, 28 Cal.Rptr.3d 647, 35 Cal.4th 884 (Cal. 2005):
Defendant also contends the standard instruction, in referring to the "totality" of the aggravating and mitigating circumstances, erroneously implied a single mitigating circumstance could not outweigh any and all aggravating circumstances.
[28 Cal.Rptr.3d 682]
However, the instruction was not susceptible of this interpretation. (People v. Berryman (1993) 6 Cal.4th 1048, 1099-1100, 25 Cal.Rptr.2d 867, 864 P.2d 40.)[28 Cal.Rptr.3d 682]
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