Is a defendant's statement in mitigation a mitigating factor in his sentencing?

California, United States of America


The following excerpt is from People v. Alvisar, F064413 (Cal. App. 2013):

A trial court is deemed to have considered all relevant criteria contained in the sentencing rules, unless the record affirmatively reflects otherwise. (Rule 4.409; People v. White (1981) 117 Cal.App.3d 270, 280, disapproved on another ground in Scott, supra, 9 Cal.4th at p. 353, fn. 16.) Here, a number of purportedly mitigating factors were before the court through defendant's statement in mitigation; if there were other factors defendant wished the court to consider, those factors should have been included.

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