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96 Cal. App. 3d 913

People v. Kriss

California Court of Appeal

Decided September 13, 1979

California Court of Appeal · decided 1979-09-13

Good law ✅— No negative treatment on recordhow we know

Decided 1979-09-13

How this case has been cited

Cited by 26 later decisions — most recently July 2010 · most notably 133 Cal. App. 3d 455 - Olney v. Municipal Court (1982), 191 Cal. App. 3d 742 - People v. American Bankers Insurance (1987)

24 state decisions

14019791980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

ASHBY, J.

¶1I respectfully dissent. I would disapprove the procedure used by the trial court in which it did not announce its decision at the *922conclusion of the trial and did not make any showing of need to take the cases under submission. However, there also is no showing whatsoever that the procedure followed was anything but harmless in these instances. Defendants were present during their trials and all testified. The evidence against them was substantial. In the case of defendant Kriss, even he testified that he had exceeded the 55-mile-per-hour maximum speed limit as charged. To hold that these convictions must be reversed and dismissed regardless of the fairness of the trials and the weight of the evidence and the absence of any showing that the pronouncement of the judgment and sentencing would have made any difference, is excessive and unjust.

¶2Contrary to the implication of the majority there is no necessity for retrials. If, for appearance sake as suggested by the majority, pronouncement of the judgment and sentencing before the defendants have left the courtroom are essential, then these cases should be remanded to the trial court for compliance with those requirements.

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