Is a defendant's mental or physical condition a mitigating factor in sentencing?
California, United States of America
The following excerpt is from People v. Avila, 272 Cal.Rptr.3d 127, 57 Cal.App.5th 1134 (Cal. App. 2020):
[defendant's mental or physical condition is mitigating factor in sentencing] ). Just as the law is evolving in its understanding and treatment of juvenile offenders, it is evolving in how it treats drug users. Since the passage of Proposition 47, for example, nonserious, nonviolent drug possession offenses are misdemeanors rather than felonies. ( People v. DeHoyos (2018) 4 Cal.5th 594, 597, 229 Cal.Rptr.3d 687, 412 P.3d 368.)
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