What circumstances are considered to be mitigation in a criminal case?
California, United States of America
The following excerpt is from People v. Savedra, 15 Cal.App.4th 738, 19 Cal.Rptr.2d 115 (Cal. App. 1993):
We have examined the trial court's sentencing comments for implied "circumstances in mitigation" ( 1170.1, subd. (h)) justifying the striking of one or more of the priors, and find none. We do not suggest the non-existence of such circumstances, only the failure of the present sentencing record to reflect any. (Cf. People v. Jordan (1986) 42 Cal.3d 308, 314-316, 228 Cal.Rptr. 197, 721 P.2d 79.)
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