California, United States of America
The following excerpt is from People v. Jones, 17 Cal.4th 279, 70 Cal.Rptr.2d 793, 949 P.2d 890 (Cal. 1998):
The trial court instructed the jury in the language of then CALJIC No. 2.90, the standard reasonable doubt instruction. Defendant maintains that by so doing, the court violated his due process rights under the federal Constitution and committed per se reversible error, by instructing the jurors that they could ponder their personal feelings, as opposed to merely the facts, in determining his guilt or innocence. "We have repeatedly upheld the efficacy of this instruction, and defendant cites no persuasive reason to revisit this conclusion." (People v. Bradford (1997) 14 Cal.4th 1005, 1054, 60 Cal.Rptr.2d 225, 929 P.2d 544.)
Sentencing on Kidnapping for Robbery
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