What is the test for reducing the maximum penalty for murder of the first degree?

California, United States of America


The following excerpt is from The PEOPLE V. WILLIAMS, No. A 579310-01, S029490 (Cal. 2010):

subordinate determination of the balance of evidence of aggravation and mitigation do not entail the finding of facts that can increase the punishment for murder of the first degree beyond the maximum otherwise prescribed.' " (People v. Bonilla (2007) 41 Cal.4th 313, 359.)

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