Is a defendant's recent efforts to seek treatment for drug addiction sufficient to be considered a mitigating factor under the Three Strikes law?

California, United States of America


The following excerpt is from People v. Shermer, C075590 (Cal. App. 2015):

Defendant also argues that the trial court failed to fully consider his drug addiction. "However, drug addiction is not necessarily regarded as a mitigating factor when a criminal defendant has a long-term problem and seems unwilling to pursue treatment." (People v. Martinez (1999) 71 Cal.App.4th 1502, 1511.) Defendant claims he "has never been offered the opportunity to enter rehab." However, defendant's recent efforts to seek treatment, though commendable, do not relieve him from the operation of the Three Strikes law. Furthermore, the trial court could reasonably conclude that

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