# People v. Tanner

> California Supreme Court · June 14, 1979 · 24 Cal. 3d 514

URL: https://www.frixlaw.com/law-library/cases/9601589

## Case

- **Full name:** The PEOPLE, Plaintiff and Appellant, v. HAROLD EMORY TANNER, Defendant and Respondent
- **Court:** California Supreme Court
- **Decided:** June 14, 1979
- **Citations:** 24 Cal. 3d 514; 156 Cal. Rptr. 450; 596 P.2d 328; 1979 Cal. LEXIS 354
- **Precedential status:** Published
- **Opinion:** Concurring in part by Bird
- **Judges:** Clark, Bird, Newman, Tobriner
- **Cited by:** 153 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9601589

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9601589. Public record. Not legal advice.