Can the absence of a mitigating factor be considered an aggravating factor in a motor vehicle accident case?

The suggestion that absence of a mitigating factor may be deemed an aggravating factor was held improper in People v. Davenport (1985) 41 Cal.3d 247, 289-290, 221 Cal.Rptr. 794, 710 P.2d 861. (See also People v. Rodriguez (1986) 42 Cal.3d 730, 790, 230 Cal.Rptr. 667, 726 P.2d 113.) Defendant[763 P.2d 1282] notes that the court failed to instruct the jury that the absence of a mitigating factor may not be considered as an aggravating circumstance.