What is the test for making a finding of aggravating factors in a motor vehicle accident?

California, United States of America


The following excerpt is from People v. Powell, 236 Cal.Rptr.3d 316, 422 P.3d 973, 5 Cal.5th 921 (Cal. 2018):

The jury need not make written findings regarding the existence of aggravating factors. ( Mendoza , supra , 62 Cal.4th at p. 916, 198 Cal.Rptr.3d 445, 365 P.3d 297 ; People v. Clark (2011) 52 Cal.4th 856, 1007, 131 Cal.Rptr.3d 225, 261 P.3d 243.)

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