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People v. Wright

Supreme Court of California

February 4, 1982

Crim. No. 21692

Opinion

 [*708]  [**268]  [***197]    After guilty pleas to two counts of burglary in the second degree ( Pen. Code, §§ 459, 460) defendant was sentenced to prison for three years on each count, the terms to run concurrently. On this appeal he attacks the validity of California [****2]  Rules of Court, rules 421 and 423, providing criteria governing aggravation and mitigation for sentencing purposes.

In the first burglary defendant obtained entry to a residence by smashing the glass in the front door. The residents were out of town at the time. He took numerous items of jewelry, clothing and personal effects along with about $ 200 in coins and currency. The value of the stolen items was originally estimated at $ 1,500 but later increased to $ 2,300.

In the second offense occurring six days later, defendant obtained entry to a residence by breaking a window near the front door at a time when the resident was absent. He took stereo equipment, two color televisions, radios, jewelry, silverware and coins with an estimated value of $ 3,250. A neighbor observed a vehicle leaving the residence, and when defendant was apprehended after a high-speed chase he admitted the first offense and cooperated with authorities by pointing out the scene of other burglaries he committed.

 [***198]  Defendant had nine convictions over the prior twelve years ranging in seriousness from possession of liquor by a minor, loitering, grand theft auto, and grand theft from the person.  [****3]  Although never sent to prison, he had served county jail terms and been committed to California Rehabilitation Center as a narcotics addict.

Defendant expressed remorse in his interview with the probation officer. He stated that his motive for the offenses was to obtain money to return to his home in Oregon. He admitted using approximately $ 20 of heroin per week prior to his arrest.

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30 Cal. 3d 705 *; 639 P.2d 267 **; 180 Cal. Rptr. 196 ***; 1982 Cal. LEXIS 145 ****

THE PEOPLE, Plaintiff and Respondent, v. GREGORY WRIGHT, Defendant and Appellant

Prior History:  [****1]  Superior Court of Kern County, No. 19616, William A. Stone, Judge.

Disposition: The judgment is affirmed.

CORE TERMS

sentencing, aggravation, delegation, circumstances, mitigation, factors, upper, authorization, terms, decisions, functions, practice and procedure, mitigating factors, legislative power, trial court, lower term, unsupported, mitigating circumstances, aggravating factor, prescribed, burglary

Criminal Law & Procedure, Sentencing, Imposition of Sentence, Factors, Governments, Courts, Rule Application & Interpretation, Constitutional Law, State Constitutional Operation, Authority to Adjudicate, Administrative Law, Separation of Powers, Legislative Controls, General Overview, Legislation, Enactment, Constitutional Controls, Nondelegation Doctrine, Implicit Delegation of Authority