What is the test for sentencing a defendant to two-and-a-half years of community service under the Mental Health Act?

California, United States of America


The following excerpt is from The People v. Barrett, C064432, CM026685, CM031591, No.CM025606 (Cal. App. 2010):

Therefore, regardless of defendant's suggestion that the crime was triggered by an episode of depression or mania, such that she lacked a full appreciation of its potential consequences and should not be deemed a danger to society, there were multiple other bases for imposing the upper terms--bases that were proper and undisputed. Consequently, defendant cannot establish abuse of discretion on the part of the trial court in sentencing her to the upper terms. (People v. Osband (1996) 13 Cal.4th 622, 728.)

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