What is considered an aggravating fact in a criminal case?
California, United States of America
The following excerpt is from People v. Garcia, G053550 (Cal. App. 2017):
2. "An element of the charged offense, essential to a jury's determination of guilt, or admitted in a defendant's guilty plea, does not qualify" as an aggravating fact. (Cunningham v. California, supra, 549 U.S. at p. 288.)
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