What are the consequences of a jury's failure to determine the scope of a sentence that would have reduced a defendant's sentence?
California, United States of America
The following excerpt is from People v. Miranda, 241 Cal.Rptr. 594, 44 Cal.3d 57, 744 P.2d 1127 (Cal. 1987):
In light of the arguments made by both the prosecutor and defense counsel, and in the absence of any indication that the jury was affirmatively misled, we believe the jury was sufficiently informed of the scope of its sentencing discretion. Accordingly, we find no prejudice to defendant. (See People v. Allen (1986) 42 Cal.3d 1222, 1278-1280, 232 Cal.Rptr. 849, 729 P.2d 115.)
b) Deletion of Nonapplicable Mitigating Factors.
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