What are the findings of the judge and probation officer at the sentencing hearing of a defendant with a history of mental health issues?

California, United States of America


The following excerpt is from People v. Greenwade, E060581 (Cal. App. 2014):

In short, the conclusions the judge and probation officer made were justified and offer no basis for defendant's accusations of bias. Before it imposed sentence, the trial court noted the existence of mitigating factors, such as defendant's alcoholism and bipolar disorder, but it found them less weighty than the aggravating factors discussed ante. "'We do not reweigh or reinterpret the evidence'" (People v. Gemelli (2008) 161 Cal.App.4th 1539, 1545-1546), and defendant offers, and we discern, no reason why assigning this degree of importance to the factors defendant asserts in mitigation fell outside the bounds of the court's discretion.

Page 9

The judgment is affirmed.

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