Does the Attorney General have the authority to argue that a sentencing based on post traumatic stress disorder (PTSD) must be considered as a mitigating factor in sentencing?

California, United States of America


The following excerpt is from People v. Garcia, G055497 (Cal. App. 2019):

The Attorney General argues that "even where it appears a court misunderstood its discretion[,] it is unnecessary to remand to the court in order to permit it to do so where remand would be futile." The Attorney General suggests this is such a case because "the record clearly indicates that the court would not have exercised its discretion to impose low terms" even if it had been aware it must consider PTSD as a mitigating factor. (See People v. Gutierrez (1996) 48 Cal.App.4th 1894, 1896 ["resentencing was required 'unless the record shows that the sentencing court clearly indicated that it would not, in any event, have exercised its discretion to strike the allegations"].)

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