What is the current state of the law on aggravation and mitigating factors?

California, United States of America


The following excerpt is from The People v. Hernandez, F058269, No. MF008046A (Cal. App. 2011):

"Sentencing courts have wide discretion in weighing aggravating and mitigating factors [citations], and may balance them against each other in 'qualitative as well as quantitative terms' [citation] (People v. Oberreuter (1988) 204 Cal.App.3d 884, 887

Page 7

(Oberreuter), disapproved on another ground in People v. Walker (1991) 54 Cal.3d 1013, 1022-1023.)

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