This case has been cited 1 times or more.
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2002-08-21 |
PER CURIAM |
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| warrant the action.[29] While respondent Judge could have plausibly appreciated the plea of guilty of the accused as a mitigating circumstance, since the guilty plea was entered and the sentence immediately promulgated without any prosecution evidence having been offered,[30] we cannot say this of his treatment of the other mitigating circumstances which violates basic legal principles. It is elementary that voluntary surrender and intoxication cannot be admitted without evidence of factual requisites.[31] For voluntary surrender to be appreciated, effort must be made to present evidence showing the interest of the accused to surrender | |||||