California, United States of America
The following excerpt is from People v. Andrino, E055371 (Cal. App. 2013):
In making its sentencing decision, the trial court referenced two factors in aggravation: vulnerability of the victim and the age difference between the victim and defendant. We agree with defendant that the trial court's reliance on a "what if" scenario, i.e., had defendant been convicted of aggravated sexual assault he would have received a 15-year to life sentence, was inappropriate. Nonetheless, as the People point out, "California courts have long held that a single factor in aggravation is sufficient to justify a sentencing choice . . . ." (People v. Brown (2000) 83 Cal.App.4th 1037, 1043.) Here,
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