What is the test for determining whether a single aggravating factor is sufficient to cause the Court to impose the upper term?
California, United States of America
The following excerpt is from People v. Duran, F070943 (Cal. App. 2017):
A single aggravating factor is sufficient to justify imposing the upper term and the court is free to use any aggravating factor it deems significant. (People v. Weber (2013) 217 Cal.App.4th 1041, 1063-1064.) The court's discretion to identify such aggravating factors is "limited only by the requirement that they be 'reasonably related to the decision being made.'" (Sandoval, supra, 41 Cal.4th at p. 848.)
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