Is a defendant's admission of an uncharged crime involving force or violence an error?

Defendant claims for the first time on appeal the admission of other uncharged crimes involving force or violence was "error." He recognizes that section 190.3, subdivision (b) specifically provides for such evidence, but argues that the statute denies due process insofar as it permits a jury that has already decided guilt to also consider such crimes on the issue of penalty. We rejected the identical claim in People v. Balderas, (1985) 41 Cal.3d 144, 204-206, 222 Cal.Rptr. 184, 711 P.2d 480.

6. Exclusion of Mitigating Evidence