What is the test for determining an aggravating factor in a motor vehicle accident?
California, United States of America
The following excerpt is from People v. Boyette, 127 Cal.Rptr.2d 544, 29 Cal.4th 381, 58 P.3d 391 (Cal. 2002):
Fails to require the jury to find the existence of an aggravating factor unanimously and beyond a reasonable doubt before considering it. (Weaver, supra, 26 Cal.4th at p. 992, 111 Cal.Rptr.2d 2, 29 P.3d 103 [unanimity not required]; People v. Kraft, supra, 23 Cal.4th at p. 1078, 99 Cal.Rptr.2d 1, 5 P.3d 68 [beyond a reasonable doubt not required].)
Fails to require written findings. (Weaver, supra, 26 Cal.4th at p. 992, 111 Cal.Rptr.2d 2, 29 P.3d 103.)
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