People v. Collins CA3

DISCUSSION

Selection of the Upper Term of Imprisonment

Defendant contends the trial court erred when it rejected defense counsel’s assertion of two mitigating circumstances: Defendant pleaded at an early stage of the proceeding (a little over a month after the offense) (Cal. Rules of Court, rule 4.423(b)(3))3 and defendant suffered from mental illness (rule 4.423(b)(2)). Defendant argues the court’s finding that there were “no circumstances in mitigation” affirmatively demonstrates that the court failed to consider relevant criteria and thus abused its discretion. We disagree. A. Background The offense occurred on April 3, 2013. Defendant entered his no contest plea a little more than a month later, on May 7, 2013.

The probation report recommended the upper term of three years based on three aggravating circumstances: Defendant’s prior convictions as an adult are numerous (rule 4.421(b)(2)); he has served a prior prison term (rule 4.421(b)(3)); and his prior performance on probation and parole was unsatisfactory (rule 4.421(b)(5)). The report stated, “No factors in mitigation appear to apply.”

At sentencing, the trial court stated that it had read and considered the probation…