California, United States of America
The following excerpt is from People v. Edwards, 13 Cal.App.4th 75, 16 Cal.Rptr.2d 572 (Cal. App. 1993):
Given the existence of one circumstance which could properly be used to select the upper term for the enhancement and the absence of any mitigating factors, it is not reasonably probable that the sentencing court would have chosen a lesser sentence on the enhancement had it known that all of its stated reasons for selecting the upper term were improper. (People v. Price (1991) 1 Cal.4th 324, 492, 3 Cal.Rptr.2d 106, 821 P.2d 610; People v. Lamb (1988) 206 Cal.App.3d 397, 401, 253 Cal.Rptr. 465.) On the contrary, had it been aware of its reliance on improper considerations, it is reasonable to conclude that it would simply
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