When will a judge remand a motion for a reversal of a penalty for failing to state on the record the reasons for his findings?

California, United States of America


The following excerpt is from People v. Mincey, 2 Cal.4th 408, 6 Cal.Rptr.2d 822, 827 P.2d 388 (Cal. 1992):

We agree with defendant's assertion, however, that the trial judge failed to state on the record the reasons for his findings. ( 190.4, subd. (e).) Ordinarily, out of an abundance of caution, we would remand for a new hearing on the verdict modification application because of the trial judge's familiarity with the record. But in this case the trial judge is no longer alive. Thus, we must determine whether the judge's failure to state reasons for his decision that the jury's findings and verdict were not contrary to the law and evidence so prejudiced defendant as to necessitate a reversal of the penalty decision. (People v. Heishman (1988) 45 Cal.3d 147, 200, 246 Cal.Rptr. 673, 753 P.2d 629.)

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