Is a defendant's non-death sentence a mitigating factor in mitigation?
California, United States of America
The following excerpt is from People v. Hajek, S049626 (Cal. 2014):
26. Directing the jury to another defendant's non-death sentence as a factor in mitigation is incorrect as a matter of law. (People v. Moore (2011) 51 Cal.4th 1104, 1141-1142 [trial court properly excluded evidence that another defendant had received life without the possibility of parole and an instruction that the defendant's accomplice had received a more lenient sentence as mitigating factors].)
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