Does the fact that a greater number of aggravating than mitigating circumstances may be established in aggravating circumstances determine whether a lower term is justified?
California, United States of America
The following excerpt is from People v. Wright, 180 Cal.Rptr. 196, 30 Cal.3d 705, 639 P.2d 267 (Cal. 1982):
The fact that a greater number of aggravating than mitigating circumstances may be established is not determinative. It is the weight that the sentencer accords to the factors which governs whether imposition of the upper or lower term is justified. This requires "[a] quantative and qualitative analysis" of multiple factors. (People v. Lambeth (1980) 112 Cal.App.3d 495, 501, 169 Cal.Rptr. 193, original emphasis.)
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