California, United States of America
The following excerpt is from People v. Hamilton, C079179 (Cal. App. 2016):
These potentially mitigating factors were before the trial court during the sentencing hearing via the probation report and letters of recommendation provided by defendant. The trial court found these circumstances were outweighed by defendant's "particularly violent and serious crime," a conclusion that was eminently reasonable and within the trial court's discretion. (See People v. Stuart, supra, 156 Cal.App.4th at p. 178 [rule 4.413's provisions are " 'permissive, not mandatory,' " and the court " 'may but is not required to find the case unusual if the relevant criterion is met under each of the subdivisions' "].)
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The judgment is affirmed.
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