What is the test for a jury to consider a defendant's unadjudicated criminal activity as an aggravating circumstance?
California, United States of America
The following excerpt is from People v. Daveggio, 231 Cal.Rptr.3d 646, 4 Cal.5th 790, 415 P.3d 717 (Cal. 2018):
"The jury's consideration of the defendant's unadjudicated criminal activity as an aggravating circumstance is constitutionally permissible, and the jury need not agree unanimously that the defendant committed the unadjudicated crimes." ( People v. Elliott (2012) 53 Cal.4th 535, 593, 137 Cal.Rptr.3d 59, 269 P.3d 494 ( Elliott ).)
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