California, United States of America
The following excerpt is from People v. Jackson, 110 Cal.App.3d 560, 167 Cal.Rptr. 915 (Cal. App. 1980):
Moore is readily distinguished. There the trial judge apparently believed that the possible length of confinement was a relevant consideration in determining whether the level of culpability was to be reduced on a showing of diminished capacity. (People v. Moore, supra, 257 Cal.App.2d 740, 751, 65 Cal.Rptr. 450.) In contrast, the trial judge's decision in the instant case, while obviously expressing his personal disapproval of the present state of the law with regard to MDSOs, was not based on the
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