California, United States of America
The following excerpt is from People v. Navarrete, B253517 (Cal. App. 2015):
acted under duress, was coerced, or was induced by others to aid and abet the crime, and his contrary contentions are speculative. That he may have hesitated on the curb for a few seconds before walking towards Woodfin with the Ballesteros brothers does not meaningfully demonstrate coercion. While it is unfortunate he suffers from epilepsy, this circumstance was unrelated to his crimes, and the trial court was not obliged to consider it as a mitigating factor. (See People v. Kelley (1997) 52 Cal.App.4th 568, 582.) Finally, as we have discussed, Navarrete's participation in the crime was significant. Navarrete, along with two other gang members, accosted Woodfin at 4:00 a.m. without provocation and provoked an armed confrontation. While Navarrete did not personally issue gang challenges or display a weapon, based on the evidence, the trial court was not obliged to characterize his conduct as passive.
b. Navarrete's sentence of 14 years in prison does not amount to cruel or unusual punishment.
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