What is the effect of section 190.3(1) of the California Penal Code on a jury in a death penalty case?

The court then proceeded to instruct in accordance with the language of section 190.3 as to the various factors in aggravation and mitigation. The jury was not told that it could consider as a mitigating factor " 'any other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime,' " or "any other 'aspect of [the] defendant's character or record ... that the defendant proffers as a basis for a sentence less than death.' " (See People v. Easley, (1983) 34 Cal.3d 858 at p. 878, fn. 10, 196 Cal.Rptr. 309, 671 P.2d 813.) In accordance with the prosecution's prediction the jury was told, in the literal words of section 190.3: "If you conclude that the aggravating circumstances outweigh the mitigating circumstances you shall impose a sentence of death." The jury was given no further explanation of its sentencing responsibilities, and it returned a sentence of death.

In People v. Deere, supra, 41 Cal.3d 353, 222 Cal.Rptr. 13, 710 P.2d 925, we recently held that the failure of defense counsel to present any mitigating evidence in the penalty phase of a capital trial, in obedience to his client's request, required that the penalty be set aside. We emphasized the state's interest in a reliable penalty determination, and observed: "To allow a capital defendant to prevent the introduction of mitigating evidence on his behalf withholds from [41 Cal.3d 542] the trier of fact potentially crucial information bearing on the penalty decision no less than if the defendant was himself prevented from introducing such evidence by statute or judicial ruling." (Id., at p. 364, 222 Cal.Rptr. 13, 710 P.2d 925.) And, we concluded: "We have no doubt that a judgment of death imposed in such circumstances

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