California, United States of America
The following excerpt is from People v. Benavidez, C058378 (Cal. App. 8/18/2009), C058378 (Cal. App. 2009):
Defendant wrongfully minimizes his substance abuse problem. "As a policy matter, when a defendant has a drug addiction or substance abuse problem, where the defendant has failed to deal with the problem despite repeated opportunities, where the defendant shows little or no motivation to change his life style, and where the substance abuse problem is a substantial factor in the commission of crimes, the need to protect the public from further crimes by that individual suggests that a longer sentence should be imposed, not a shorter sentence. For example, the felony drunk driver who is suffering from an uncontrolled alcoholism should be sentenced to a longer term, not a shorter one, in order to prevent him from driving under the influence again." (People v. Reyes (1987) 195 Cal.App.3d 957, 963.)
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