Legal Opinion · Dissent

People v. Beasley

California Court of Appeal

Decided March 19, 1970No. Crim. 7992Published

1Dissent

*640SIMS, J.

I dissent.

Without personally approving or disapproving the disposition of the matter effected by the orders of the trial court, I find that his orders were within the proper scope of his discretion. If the judiciary is to play a part in the sentencing process it should not be bound to follow the recommendations of the district attorney or the probation officer, nor should it be subject to public pressure or to reversal because on appeal another disposition might appear more appropriate. Although the trial judge engaged in some apparently unwarranted and intemperate remarks, I do not…

2Cases cited107 opinions

  1. In Re EstradaCalifornia Supreme Court · 1965
  2. Bridges v. CaliforniaSupreme Court of the United States · 1941
  3. Neal v. State of CaliforniaCalifornia Supreme Court · 1960
  4. Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
  5. People v. WadeCalifornia Supreme Court · 1959

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