STATEMENT IN MITIGATION What follows is a state

What follows is a statement (court caption excluded) of facts in favor of probation and of circumstances in mitigation of sentence to be submitted to the San Diego County Criminal Court in the case of People v. Edward T., including a preface for the reader.

Edward T. was convicted of a felony under Penal Code ("PC") sec. 470 (intentionally forging a signature on a check). The evidence showed that defendant had forged his signature on three unsigned personal checks of the victim, each in the amount of $95, which defendant negotiated at a local bank by filling in as payee the name of Edward Sawyer, showed the bank a driver's license in that name and forged an endorsement on the check.

PC sec. 1170(b) provides that at the sentencing hearing, the court "shall order imposition of the middle term [for the offense, in this case two years] unless there are circumstances in aggravation or mitigation of the crime. . . .." "In sentencing the convicted person, the court shall apply the sentencing rules of the Judicial Council" and imprisonment is the required sentence "unless the convicted person is given any other disposition provided by law, including a fine, jail, probation or the suspension or imposition of sentence . . ." PC sec. 1203(b)(3) provides that "the court shall hear and determine the application, if one has been made, or, in any case, the suitability of probation in the particular case." "If the court determines that there are circ

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ing out. The Probation Officer's Report at page 7 states that "Narcotics played a part in both felonies for which [the defendant] is being sentenced." Defendant's criminal record consists of a series of petty thefts and one conviction for grand theft, a purse snatching. It is clear from that record and Dr. Fried's recent examination of defendant that the primary motive behind these crimes was his drive to obtain money to purchase drugs or alcohol. In other words, defendant is a very sick, substance-abuser who needs long-term treatment. It is also evident from Mrs. T's Statement that his failure to show up for his sentencing hearing was due to the effects of substance abuse intoxication. I personally can attest that defendant took the $285 from me which was supposed to be used to pay restitution because, as I learned later, he needed it for a drug fix (see Adult Services Supplemental Report, p. 2). 2. Rule 413(c)(2)(ii) provides that probation may be indicated when the crime was committed because of a psychological, psychiatric or mental condition that reduced defendant's culpability for the crime, even though not amounting to a defense and that psychological or psychiatric treatment will be required as a condition of prob

Category: Government - S