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PEOPLE v. CARTER

No. B251727.

227 Cal.App.4th 322 (2014)

173 Cal. Rptr. 3d 617

THE PEOPLE, Plaintiff and Respondent, v. EDDIE ROY CARTER, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

June 24, 2014.

Attorney(s) appearing for the Case

Mark R. Feeser , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Steven D. Matthews , Timothy M. Weiner and David F. Glassman , Deputy Attorneys General, for Plaintiff and Respondent.

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)

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