Is a sentence of death unreliable under the Eighth Amendment and article I, section 17 of the California Constitution?

[834 P.2d 1217] I dissent, however, on the issue of penalty. Pursuant to People v. Deere (1985) 41 Cal.3d 353, 360-368, 222 Cal.Rptr. 13, 710 P.2d 925, I would set aside the sentence of death as unreliable under the Eighth Amendment to the United States Constitution and article I, section 17 of the California Constitution because defense counsel failed to introduce available evidence in mitigation. Such evidence was real and substantial--as the record of the guilt phase strongly suggests and the People in this court essentially concede. But evidence of that sort was not presented. Hence, the sentence of death must fall. ¹

1 Unless otherwise stated, all further statutory references are to the Penal Code.