People v. Carter

Opinion

GILBERT, P. J.

When faced with making a difficult ruling or decision, some trial court judges, like anyone else, voice aloud the conflicting arguments in favor of one choice over the other. A judge’s remarks may suggest one result, yet the judge arrives at the opposite result. In such circumstances, the appellate court does not use the judge’s remarks to impeach the ruling. (People v. Borchers (1958) 50 Cal.2d 321, 329-330 [325 P.2d 97].)

But when a judge’s remarks preceding a ruling reflect a misapprehension of the law upon which that ruling is based, the appellate court must consider…