California, United States of America
The following excerpt is from People v. Mayfield, 14 Cal.4th 668, 60 Cal.Rptr.2d 1, 928 P.2d 485 (Cal. 1997):
15 In an aside, defendant argues that the prosecutor's comments amounted to improperly urging the jury to consider defendant's background and character as an aggravating factor. (See People v. Edelbacher, supra, 47 Cal.3d 983, 1033, 254 Cal.Rptr. 586, 766 P.2d 1.) We disagree. The prosecutor argued as aggravating factors the circumstances of the crime, defendant's prior convictions, and his prior violent criminal behavior. References to defendant's character and background were intended to rebut the defense evidence and the anticipated defense argument that these were entitled to substantial mitigating weight.
16 Defense counsel argued:
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