Legal Opinion · Concurring in part, dissenting in part

People v. Masters

California Court of Appeal

Decided October 30, 1987No. A033525Published

[Opinion certified for partial publication.*]

1Concurring in part, dissenting in part

WHITE, P. J., Concurring and Dissenting.

I think that the result the court’s opinion publishes today is tenable; certainly the consequences of appellant’s violence warrants the law’s maximum punishment. However, the court’s ratiocination is untenable, I think, in light of the record under review revealing the superior court’s silence as to a matter on which its *1131jurisdiction may be said to precariously hinge. “ ‘A court may have jurisdiction of the cause of action and of the parties, but it may lack the authority or power to act in the case except in a particular way. Under such circumstances,…

2Cases cited26 opinions

  1. People v. GreenCalifornia Supreme Court · 1980
  2. Neal v. State of CaliforniaCalifornia Supreme Court · 1960
  3. People v. WestCalifornia Supreme Court · 1970
  4. People v. PerezCalifornia Supreme Court · 1979
  5. People v. DeVaughnCalifornia Supreme Court · 1977

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