Is case proportionality review required in aggravation and mitigation cases?

Intercase proportionality review is not constitutionally required. (People v. Dykes, supra, 46 Cal.4th at p. 813.) Neither the equal protection clause nor the due process clause requires that the same disparate-sentence review be applied to noncapital and capital cases. (People v. Crittenden (1994) 9 Cal.4th 83, 156.)

There is no constitutional requirement that, in instructing on circumstances in aggravation and mitigation, the court omit assertedly "irrelevant" factors. (People v. Anderson (2001) 25 Cal.4th 543, 600.)

The use of the terms "extreme" and "substantial," in connection with section 190.3, factors (d) and (g), does not render unconstitutional the consideration of evidence in mitigation. (People v. Martinez, supra, 47 Cal.4th at p. 455.) In addition, the temporal references in section 190.3, factors (d) and (h) (consideration of any "extreme mental or emotional disturbance," or "impairment" as a result of "mental disease or defect or the effects of intoxication," at the time of the offense) "[do] not preclude the jury from considering any such evidence

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merely because it did not relate specifically to defendant's culpability for the crimes committed." (People v. Hughes, supra, 27 Cal.4th at p. 405, fn. 33.)

The trial court did not err in failing to specify which statutory factors could be considered solely in mitigation. (People v. Catlin (2001) 26 Cal.4th 81, 178.)