Does a statement of reasons need to be included in the minutes of a school?

California, United States of America


The following excerpt is from People v. Copas, C052940 (Cal. App. 11/29/2007), C052940 (Cal. App. 2007):

Without a statement of reasons in the minutes, there is no effective order under section 1385. (Romero, supra, 13 Cal.4th at p. 524; People v. Orin (1975) 13 Cal.3d 937, 944.) "Section 1385 anticipates, and facilitates, appellate review with the requirement that `[t]he reasons for the dismissal must be set forth in an order entered upon the minutes.' ( 1385(a).) `The statement of reasons is not merely directory, and neither trial nor appellate courts have authority to disregard the requirement. It is not enough that on review the reporter's transcript may show the trial court's motivation; the minutes must reflect the reason "so that all may know why this great power was exercised."' [Citations.]" (Romero, supra, at p. 531.)

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