In what circumstances will a jury consider a defendant's prior armed robbery convictions as an aggravating factor in determining that he committed two other crimes?

California, United States of America


The following excerpt is from People v. Ainsworth, 248 Cal.Rptr. 568, 45 Cal.3d 984, 755 P.2d 1017 (Cal. 1988):

In his argument to the jury, the prosecutor referred to the two robbery convictions and to the testimony of the victims in the two separate and unrelated robberies as examples of violent criminal activity comprising the life of the defendant. The prosecutor did not ask the jury to view each "other crime" as an aggravating factor, but to "total up that cart ... as a factor in aggravation." Given that the prosecutor's reference included defendant's stipulation to two prior armed robbery convictions not requiring the reasonable doubt instruction and given that there was ample uncontradicted evidence that defendant committed the two additional robberies, we conclude that the failure to give a reasonable doubt instruction could not have affected the jury's consideration of the other crimes evidence. (See People v. Miranda, supra, 44 Cal.3d 57, 97-98, 241 Cal.Rptr. 594, 744 P.2d 1127.)

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