What is the test for having no criminal record?

When we consider the nature of the offense and the offender, we evaluate the totality of the circumstances surrounding the commission of the current offense or offenses, including the defendant's motive, manner of commission of the crime, the extent of the defendant's involvement, the consequences of his acts, and his individual culpability, including factors such as the defendant's age, prior criminality, personal characteristics, and state of mind. (People v. Martinez (1999) 71 Cal.App.4th 1502, 1510.)

The fact that appellant has no prior convictions is offset by the fact that appellant committed multiple sex offenses against separate victims. Appellant's lack of any prior convictions is thus "not determinative." (People v. Martinez, supra, 76 Cal.App.4th at p. 497.) Despite appellant's lack of a criminal record, his behavior in these current offenses, during which, we have no doubt, he psychologically damaged the victims, and his lack of remorse,¹⁸ must be viewed as extremely serious. Given that appellant was a

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