Is a sentence based on "particular vulnerability" improper when age is an element of the crime?
California, United States of America
The following excerpt is from People v. Tulloss, B249989 (Cal. App. 2014):
"[A]ggravating a sentence due to "particular vulnerability," where vulnerability is based solely on age, is improper when age is an element of the offense. [Citations.] However, 'particular vulnerability' is determined in light of the 'total milieu in which the commission of the crime occurred. . . .' [Citation.]" (People v. Dancer (1996) 45
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