What is the test for finding an aggravating factor in an assault case?
California, United States of America
The following excerpt is from People v. Barnes, C078009 (Cal. App. 2017):
The People correctly point out that the trial court is not limited to the aggravating factors listed in the rules of court. Thus, citing People v. Black (2007) 41 Cal.4th 799, 817, and rule 4.408(a),22 the People assert the trial could have found, as an aggravating factor, arming based on an accomplice being armed. But again, that is not what the
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