Is a defendant's mental illness a factor in his conviction for arson?

California, United States of America

The following excerpt is from People v. Colon, C084527 (Cal. App. 2018):

imposing the upper term on the arson charge because it did not consider defendant's mental illness as a mitigating factor. Defendant further contends that his trial counsel was constitutionally ineffective in several respects, including that he failed to file a Romero (People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) motion to strike his strike prior, failed to correct alleged errors and omissions in the probation report, failed to object to the aggravating factors considered by the trial court during sentencing, and failed to move for a mistrial when the court ordered deliberations to continue after learning the jury was split.

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