Does a mid term sentence need to be imposed on a convicted drug dealer who was convicted of a series of drug crimes because of premeditation?

California, United States of America


The following excerpt is from People v. Zamora, 230 Cal.App.3d 1627, 282 Cal.Rptr. 100 (Cal. App. 1991):

In addition to finding premeditation, the court also found, in aggravation, that there was a large quantity of contraband and that defendant was on bail when one of the offenses was committed. The court stated it found these factors preponderated. Defendant argues that since the factors in mitigation, i.e., defendant's level of participation, defendant's minimal prior record, and defendant's acknowledgment of wrongdoing at an early stage, are equal in number to the factors in aggravation, the mid term should have been imposed. However, the weighing process is not quantitative only. One aggravating factor can outweigh several mitigating circumstances. (Cf. People v. Burg (1981) 120 Cal.App.3d 304, 306, 174 Cal.Rptr. 491.) [230 Cal.App.3d 1638] Defendant has not demonstrated the trial court abused its discretion in sentencing him.

Other Questions


Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence? (California, United States of America)
Can a convicted felon who has completed his or her sentence for a crime reduced to a misdemeanor by Proposition 47, after the crime has been committed, apply to have the conviction designated as a misdemeanor? (California, United States of America)
What is the sentence for a convicted sex offender who was convicted of a series of sex crimes against a minor? (California, United States of America)
Can a defendant who is convicted of receiving stolen property in one crime, but never charged or convicted of the other crime, be required to pay restitution for losses sustained in other crimes? (California, United States of America)
Can a sentencing court impose consecutive sentences on a defendant who has been convicted of two or more crimes? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Can a convicted felon who has completed his sentence for a conviction for a crime committed under Proposition 47, who would have been guilty of a misdemeanor under the same legislation, apply to have the conviction reduced to a misdemeanor? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Can a court correct an error that resulted in a sentence being issued to a defendant who was convicted of a lesser crime but who is convicted of the lesser crime of assault? (California, United States of America)
What are the consequences of the conviction and sentencing of a man who was convicted of a series of crimes, including a first degree felony murder, assault and robbery? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.