Mark Is on Trial for Murder of Victor and Has

Multiple Choice

Mark is on trial for murder of Victor and has hired Anthony, an attorney, to represent him. He claims he acted in self-defense. Mark's sister Sandy was present when the crime occurred. Mark was convicted. At the sentencing hearing the prosecutor asked the judge to add a 3 year sentence enhancement because Mark inflicted serious injuries with a gun. What would be the best strategy for Anthony to use to prevent the judge from giving Mark the longer sentence?

A) Present evidence of Mark's learning disability
B) Present evidence of Victor's extensive record for felony assaults
C) Remind the court that the police violated Mark's Miranda rights
D) Remind the court that the Supreme Court mandated that the jury specifically decide facts used for sentencing enhancements