California, United States of America
The following excerpt is from People v. Sheldon, 258 Cal.Rptr. 242, 48 Cal.3d 935, 771 P.2d 1330 (Cal. 1989):
Defendant observes that the jury was instructed in the unadorned statutory language that "If you conclude that the aggravating circumstances outweigh the mitigating circumstances, you shall impose the sentence of death." He suggests that these instructions were inadequate to inform the jury that it should find the "appropriate" penalty for defendant [48 Cal.3d 954] regardless of the number or weight of the applicable aggravating and mitigating factors. (See People v. Edelbacher (1989) 47 Cal.3d 983, 1035-1041, 254 Cal.Rptr. 586, 766 P.2d 1; People v. Allen, supra, 42 Cal.3d 1222, 1276-1277, 232 Cal.Rptr. 849, 729 P.2d 115; People v. Brown (1985) 40 Cal.3d 512, 541, 230 Cal.Rptr. 834, 726 P.2d 516.)
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