THE PEOPLE, Plaintiff and Respondent,
v.
JAMES LEE CHEATHAM, Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
March 26, 1979.
March 26, 1979.
Attorney(s) appearing for the Case
COUNSEL
Mary L. Baca, under appointment by the Supreme Court, for Defendant and Appellant.
Quin Denvir, State Public Defender, Ezra Hendon, Chief Assistant State Public Defender, Richard E. Shapiro and Richard L. Phillips, Deputy State Public Defenders, as Amici Curiae on behalf of Defendant and Appellant.
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Shunji Asari, Edward T. Fogel, Jr., Cynthia S. Waldman, Janelle B. Davis and William R. Weisman, Deputy Attorneys General, for Plaintiff and Respondent.
Supreme Court of California.
OPINION
CLARK, J.
(1) The question presented is whether the Judicial Council exceeded its authority under Penal Code section 1170, subdivision (b), by providing in rules 421(b) and 423(b), California Rules of Court, for consideration of "facts relating to the defendant" as circumstances in aggravation or mitigation of a crime. We conclude the rules are consistent with the intent of the legislation.
Defendant was...
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