California Rules of Court 4.408(a)

Under California Rules of Court, rule 4.408(a), when sentencing a defendant a trial court may consider "additional criteria reasonably related to the decision being made" along with the specific aggravating circumstances set forth in rule 4.421. In sentencing defendant to the upper term on the principle vehicular manslaughter count, the court stated: "Considering the circumstances in aggravation and mitigation, the probation report points out there were multiple intoxicating substances found in her system and, as I stated, she made a choice to drive. It's also pointed out that one of the victims that was killed in this particular matter was 16 years of age. In mitigation, it's noted that the defendant has no prior history and there was an early plea in this particular case. It's suggested that the defendant suffers from severe polysubstance addiction, and I do not disagree, but I do not consider that a mitigating factor under the circumstances of this particular case."