People v. Jackson

Bad Law
189 Cal. App. 3d 113·1987 Cal. App. LEXIS 1360·234 Cal. Rptr. 293
Court of Appeal of CaliforniaFebruary 6, 1987D003853California2,629 words

Opinion

Opinion

Work, J.

—This is a sentencing appeal in which Charles Edward Jackson contends the trial court erred in refusing to consider his postconvic tion treatment in prison and the prison’s horrendous living conditions, as well as his mental condition, at a resentencing hearing. Although a defendant’s postconviction treatment in prison and the quality of the conditions of confinement often may be relevant evidence for consideration at a sentencing hearing, in the circumstances of this case they were not. Moreover, we conclude that where conditions of confinement violate constitutional standards, the appropriate remedy is not judicial reduction of the sentence imposed but to direct prison authorities to remedy those specific conditions. Finally, the record does not support Jackson’s assertion the trial court failed to consider his mental condition as a mitigating factor when exercising its discretion during resentencing. Accordingly, we aErm the judgment.

I

Factual and Procedural Background

On January 29, 1985, we afirmed Jackson’s conviction of several counts of armed robbery and forcible sex crimes involving 14 victims on 10 separate occasions but modified the judgment to reflect a…

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