California, United States of America
The following excerpt is from People v. Walker, E067404 (Cal. App. 2018):
In any case, "a court needs only one factor to impose the aggravated term." (People v. Kelley (1997) 52 Cal.App.4th 568, 581.) In citing defendant's history, record, and numerous prison sentences, the court apparently relied on the aggravating factors that defendant's prior convictions were numerous and that he served multiple terms in prison or county jail. (Cal. Rules of Court, rule 4.421(b)(2) & (3).) His criminal history dates back to 1998 and includes 11 infractions, 10 misdemeanors, and four felony convictions. The felony convictions were for assault with a deadly weapon ( 245, subd. (a)(1)) and inflicting corporal injury on a spouse ( 273.5, subd. (a)). The record shows that defendant has spent numerous days in jail and several years on probation for his misdemeanor convictions. He has also been sentenced to at least three prison terms. We
Page 8
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.