What are the findings of the judge and probation officer at the sentencing hearing of a defendant with a history of mental health issues?

California, United States of America


The following excerpt is from People v. Greenwade, E060581 (Cal. App. 2014):

In short, the conclusions the judge and probation officer made were justified and offer no basis for defendant's accusations of bias. Before it imposed sentence, the trial court noted the existence of mitigating factors, such as defendant's alcoholism and bipolar disorder, but it found them less weighty than the aggravating factors discussed ante. "'We do not reweigh or reinterpret the evidence'" (People v. Gemelli (2008) 161 Cal.App.4th 1539, 1545-1546), and defendant offers, and we discern, no reason why assigning this degree of importance to the factors defendant asserts in mitigation fell outside the bounds of the court's discretion.

Page 9

The judgment is affirmed.

Other Questions


When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
Is a defendant entitled to a continuance of his sentencing hearing if he does not receive his probation report prior to the sentencing hearing? (California, United States of America)
Is a defendant who has a history of mental health issues a defendant should be considered a potential witness? (California, United States of America)
Is there any case law where a defendant's mental health problems, including amnesia, have been treated as a mental health issue? (California, United States of America)
What is the test for a probation officer to issue a letter to a defendant's probation officer? (California, United States of America)
Does Section 1054.3(b) of the Mental Health Act restrict the prosecution's access to materials derived from mental health examinations conducted under section 1054 of the Act, which were obtained from a mental health clinic? (California, United States of America)
Can a defendant who refused to submit to an interview by his probation officer at his sentencing hearing be found to have waived his probation? (California, United States of America)
Can a defendant appeal from a finding that he was released from custody after serving his probation sentence for a second probation violation? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
How have courts treated mental health issues in a mental health case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.