Is post crime behavior considered in mitigation of a sentence?

On the other side of the balance, a defendant's acknowledgment of wrongdoing at an early stage of the criminal process is post crime behavior which may be considered in mitigation of his punishment. (Cal. Rules of Court, rule 423(b)(3).) Even though "the purpose of imprisonment ... is punishment" ( 1170, subd. (a)(1)), it makes no sense to draw an arbitrary line at the conclusion of the original sentencing proceeding and preclude consideration by subsequently resentencing courts of positive information regarding the defendant simply because he is statutorily ineligible for probation. (People v. Rojas, supra, 57 Cal.2d 676, 21 Cal.Rptr. 564, 371 P.2d 300 established that post crime conduct could be favorably considered with regard to the grant or denial of probation after remand for resentencing.)