California, United States of America
The following excerpt is from People v. Heishman, 246 Cal.Rptr. 673, 45 Cal.3d 147, 753 P.2d 629 (Cal. 1988):
The criminal activity to be considered under factor (b) does not include the circumstances of the crime for which the defendant is being prosecuted in the current proceeding (factor (a)). (People v. Miranda (1987) 44 Cal.3d 57, 105-106, 241 Cal.Rptr. 594, 744 P.2d 1127.)
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