California, United States of America
The following excerpt is from People v. Martinez, 71 Cal.App.4th 1502, 84 Cal.Rptr.2d 638 (Cal. App. 1999):
We first consider the nature of the offense and the offender. Regarding the offense, we should evaluate "the totality of the circumstances surrounding the commission of the offense in the case at bar, including such factors as its motive, the way it was committed, the extent of the defendant's involvement, and the consequences of his acts." (People v. Dillon (1983) 34 Cal.3d 441, 479, 194 Cal.Rptr. 390, 668 P.2d 697.) We also focus on the particular offender's "individual culpability as shown by such factors as his age, prior criminality, personal characteristics, and state of mind." (Ibid.)
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