Does a trial court have to instruct that the absence of a particular mitigating factor is not aggravating?
California, United States of America
The following excerpt is from People v. Thomas, 11 Cal. Daily Op. Serv. 1656, 121 Cal.Rptr.3d 521, 2011 Daily Journal D.A.R. 1966, 247 P.3d 886, 51 Cal.4th 449 (Cal. 2011):
.) Nor is the trial court required to instruct that the absence of a particular mitigating factor is not aggravating. ( People v. Rogers [ (2006) ] 39 Cal.4th [826,] 897
[48 Cal.Rptr.3d 1, 141 P.3d 135]
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