California, United States of America
The following excerpt is from People v. Landry, 2 Cal.5th 52, 211 Cal.Rptr.3d 160, 385 P.3d 327 (Cal. 2016):
Tuilaepa v. California (1994) 512 U.S. 967, 971-972, 114 S.Ct. 2630, 129 L.Ed.2d 750.) A defendant convicted of the offense defined by section 4500 becomes eligible for the death penalty or its alternative, life without the possibility of parole. Thereafter, the jury selects the penalty following a penalty phase trial at which it considers evidence in aggravation and mitigation under section 190.3. The selection process requires an " individualized determination " of the appropriate penalty based
[2 Cal.5th 107]
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