People v. Flores CA4/1
Opinion
Opinion
STATEMENT OF FACTS
Since this appeal arises from a guilty plea we will provide only a brief summary of
facts taken from the probation officer's report.
In the afternoon of October 13, 2014, Flores was working as a barber. He was
providing a haircut and beard trimming to the victim in this case. Suddenly, and without
warning, Flores sliced the victim's throat with a straight razor.
When Flores was apprehended, he was asked why he cut the victim's throat.
Flores said: "For being dumb. What the hell, judging me and disrespecting me. I don't
like being played a fool. Sorry Tim [the victim]."
DISCUSSION
Flores challenges the sentence imposed by the trial court. He contends the court
erred in imposing the upper term for the offense instead of the middle term. Essentially,
Flores argues the trial court failed to treat Flores's mental condition as a factor in
mitigation of sentence. He further argues the court erred in its selection and weighing of
the factors in aggravation. The defense did not object to the trial court's sentencing
decision or any of the reasons on which it was based.