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.