What is the effect of the amended Section 7 of the California Criminal Code on the discretion of the courts in determining mitigating factors?

California, United States of America


The following excerpt is from People v. Maldonado, F079810 (Cal. App. 2020):

The amended statutes contain no language suggesting the discretion accorded to the trial courts is limited to consideration of mitigating factors, or that courts should presumptively exercise their discretion in favor of a defendant. (People v. Arias (2008) 45 Cal.4th 169, 177 [" 'We must look to the statute's words and give them their usual and ordinary meaning. [Citation.] The statute's plain meaning controls the court's interpretation unless its words are ambiguous.' "].) Moreover, even if we accepted

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