What are the mitigating factors under section 1203.07 of the California Criminal Code for a drug dealer convicted of possession for sale or sale of heroin?

California, United States of America


The following excerpt is from People v. Gayther, 110 Cal.App.3d 79, 167 Cal.Rptr. 700 (Cal. App. 1980):

Regarding the nature of the offender, we recognize that the trial court found mitigating factors personal to defendant. Defendant's argument, that the statute constitutes cruel and unusual punishment because it prohibits probation without regard to mitigating factors before denying probation, has been previously rejected in People v. Solorzano (1978) 84 Cal.App.3d 413, 415-416, 148 Cal.Rptr. 696. There the court, in upholding section 1203.07 which precludes probation for any person convicted of possession for sale or sale of one-half ounce or more of a substance containing heroin, observed that mitigating factors play a very important part in setting the actual punishment imposed. In this [110 Cal.App.3d 89] instance mitigating factors were considered at the time of imposing the sentence of the lower prison term of three years.

Other Questions


Is a convicted drug dealer entitled to have his criminal conviction reduced to a simple possession charge under section 1170.18 of the California Penal Code? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Can a convicted felon who is in possession of a firearm for a short period of time, but who has not been convicted of a criminal offence under section 12021 of the California Penal Code, can he continue to possess the firearm? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Does section 8.85 of the California Criminal Code, which instructed the jury to consider whether or not certain mitigating factors were present, unconstitutionally suggest that the absence of such factors amounted to aggravation? (California, United States of America)
Does section 654 of the California Criminal Code prohibit multiple punishment for possession of a firearm by a convicted felon and possession of ammunition by a felon? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
Does section 8.85 of the California Criminal Code, which instructed the jury to consider whether or not certain mitigating factors were present, unconstitutionally suggest that the absence of such factors amounted to aggravation? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.