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trier of penalty has duly considered the relevant mitigating evidence, if any, which the defendant has chosen to present.’  (Id. at p. 1228.)

“We further underscored our disapproval of Deere I in People v. Lang (1989) 49 Cal.3d 991:  ‘Deere was disapproved [in People v. Bloom] to the extent it suggests that a defendant’s failure to present mitigating evidence, in and of itself, is sufficient to make a judgment of death constitutionally unreliable.’  (Id. at p. 1030.)  Indeed, Lang went on to reject explicitly the proposition that ‘defense counsel should be forced to present mitigating evidence over the defendant’s objection,’ noting that it contravenes the attorney’s ‘paramount duty of loyalty to the client,’ undermines ‘the trust, essential for effective representation, existing between attorney and client,’ and ultimately reduces the quality of that representation by forcing defendants ‘who otherwise would not have done so to exercise their Sixth Amendment right of self-representation . . . . in order to retain control over the presentation of evidence at the penalty phase . . . .’  (Id. at pp. 1030-1031.)

“Finally, as further noted in People v. Lang, a defendant who insists that mitigating evidence not be presented at the penalty phase is estopped from later claiming ineffective assistance based on counsel’s acquiescence in his wishes.  ‘The invited-error doctrine operates, in particular, to estop a defendant claiming ineffective assistance of counsel based on counsel’s acts or omissions in conformance with the defendant’s own requests.’  (49 Cal.3d at p. 1032, fn. omitted.)”  (Deere II, supra, 53 Cal.3d at pp. 716-717.)

Bloom was decided in June 1989.  Lang was decided in December 1989.  By the time of defendant’s penalty trial in July 1990, our decisions in Lang and Bloom had announced that the rule of Deere I—that counsel was required to present any available evidence in mitigation of penalty even over the

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