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NEWMAN, J. I concur. It does not appear that there has been a miscarriage of justice in this case. I do not agree, however, with the majority’s conclusion that it is “fair to presume from the judge’s approval of the [referee’s] order that the judge relied upon the same of similar reasons as those stated by the referee.”
The arguments that in recent years have persuaded the Legislature, this court, and other courts to insist that judges state reasons in analogous proceedings seem to me persuasive here. Further, to require that reasons be stated would often be more efficient and less time consuming than would a formal rehearing pursuant to Welfare and Institutions Code section 252.
Tobriner, J., concurred.
Document Info
Docket Number: Crim. 19946
Citation Numbers: 577 P.2d 177, 21 Cal. 3d 18, 145 Cal. Rptr. 357, 1978 Cal. LEXIS 230
Judges: Richardson, Newman, Bird
Filed Date: 4/19/1978
Precedential Status: Precedential
Modified Date: 10/19/2024