Opinion

People v. Tanner

  • 24 Cal. 3d 514
  • 156 Cal. Rptr. 450
  • 596 P.2d 328
  • 1979 Cal. LEXIS 354
Court
California Supreme Court
Filed
Jun 14, 1979
Status
Published
Author
Bird
On the bench
Clark, Bird, Newman, Tobriner
Cited by
153 cases

approving use of legislative history and staff memoranda prepared contemporaneously with drafting of statute

How later courts described this case

  • approving use of legislative history and staff memoranda prepared contemporaneously with drafting of statute

Written by the judges who cited it.

The opinion

BIRD, C. J., TOBRINER, J., and NEWMAN, J.,

Concurring and Dissenting. — We concur in the result reached in the majority opinion, which permits appellant Harold Tanner to be placed on probation despite the jury’s finding that he had “used a firearm during the commission ... of... [a] [rjobbery” within the meaning of Penal Code section 1203.06. We do not concur in the language of the majority opinion insofar as it suggests that the trial court had no power to strike the “use” finding in order to place appellant on probation. For reasons that each of us expresses more fully in separate opinions, we remain convinced that the trial court does have that power.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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