Is there any case law where a defendant relied on the testimony of victims of his prior crimes as mitigating evidence?

California, United States of America

The following excerpt is from The People v. Brady, No. YA020910, S078404 (Cal. 2010):

Defendant contends the trial court erred by relying on the testimony of the victims of his prior crimes regarding how his crimes had affected their lives. Such evidence is relevant and admissible. (See, e.g., People v. Davis, supra, 46 Cal.4th at pp. 617-619.)

Defendant also contends the trial court erred by conducting a "piecemeal" evaluation of the mitigating evidence, which had the effect of reducing the weight of the entirety of the mitigating evidence. The trial court, however, explicitly stated it had reviewed "all of the evidence available," and had "carefully and separately" weighed the aggravating and mitigating factors. There is no evidence the trial court considered the mitigating factors in piecemeal fashion. (See People v. Lucero (2000) 23 Cal.4th 692, 738.)

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