Does the absence of a mitigating factor in a motor vehicle accident constitute an aggravating circumstance?
California, United States of America
The following excerpt is from People v. Vargas, 265 Cal.Rptr.3d 604, 468 P.3d 1121, 9 Cal.5th 793 (Cal. 2020):
190.3, factors (d)(h) and (j) does not unconstitutionally suggest that the absence of a mitigating factor is to be considered as an aggravating circumstance. " ( People v. Miracle (2018) 6 Cal.5th 318, 354, 240 Cal.Rptr.3d 381, 430 P.3d 847.) We decline to reconsider this precedent.
[468 P.3d 1148]
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