(E)

Withholding of Exculpatory Evidence.  The due process clause of the United States Constitution imposes a duty on the prosecution to disclose to the defense upon request any information favorable to the accused that is within the prosecutor’s possession and is material to the defendant’s guilt or to the appropriate punishment at sentencing.  The rule of Brady v. Maryland[172] applies equally to sentencing.  The prosecution has a duty to disclose favorable sentencing information so that the sentence is not based on a mistake of fact or faulty information.[173]

[172] Brady v Maryland, 373 U.S. 83 (1963).

[173] See, e.g. United States v. Pfingst, 477 F.3d 177, 191 (2d Cir. 1973).

Other

CAL POST CON " SENTENCE " GROUNDS " SENTENCE MAY NOT BE BASED ON FACT FOUND NOT TRUE BY JURY
People v Lopez, 208 Cal.App.4th 1049, 146 Cal.Rptr.3d 113 (Aug. 22, 2012) (sentence cannot be based on a fact not found true by the jury).