People v. Tuilaepa ( 1992 )

KENNARD, J.

I concur in the result and the reasoning of the majority opinion except for its conclusion that, assuming we must evaluate the aggravating factors in Penal Code section 190.3 to determine whether they are impermissibly vague in violation of the Eighth Amendment, factor (i) (‘the age of the defendant at the time of the crime”) is not vague. I see no need to resolve this issue here. Because defendant’s age played little role in either the evidence or the argument at the penalty phase, any vagueness in the trial court’s instruction to the jury on factor (i) was harmless under any standard.

Appellant’s petition for a rehearing was denied March 10, 1993.