Does the upper term of the word "aggravation" apply to a defendant in a sexual assault case?
California, United States of America
The following excerpt is from People v. Mitchell, C055098 (Cal. App. 3/25/2008), C055098 (Cal. App. 2008):
"[I]mposition of the upper term does not infringe upon the defendant's constitutional right to jury trial so long as one legally sufficient aggravating circumstance has been found to exist by the jury, has been admitted by the defendant, or is justified based upon the defendant's record of prior convictions." (People v. Black (2007) 41 Cal.4th 799, 816 (Black II).)
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