What factors will the court consider in determining a defendant's sentence?

California, United States of America


The following excerpt is from People v. Corona, B234220 (Cal. App. 2012):

The nature and circumstances of the defendant's current and prior felonies reflect a person who is continually reoffending. Although most of defendant's convictions are for misdemeanors, she also has had three felony convictions, and these have occurred later in her criminal career. Therefore, defendant's crimes have increased in seriousness. The probation report expressed concerns regarding defendant's activities in the community, and the probation officer was opposed to a grant of probation. Defendant's background, character and prospects are reflected in the long list of her offenses and in the fact that she absconded while on bail as trial began in the instant case. The trial court clearly took into consideration defendant's current conduct in addition to her criminal history. The trial court specifically stated it had considered the defense sentencing memorandum, which along with the attached Romero and section 17, subdivision (b) motions, listed circumstances in mitigation. The trial court is presumed to have considered all pertinent factors in the absence of an affirmative showing to the contrary. (People v. Myers (1999) 69 Cal.App.4th 305, 310.)

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