Does a failure to identify the statutory basis for a protective order issued by a court under section 1203.097/ 273.5, or section 136.2?

California, United States of America


The following excerpt is from People v. Cooley, A151933 (Cal. App. 2018):

Generally, a trial court's failure to identify the correct statutory basis for its order does not automatically mandate reversal. " ' "No rule of decision is better or more firmly established by authority, nor one resting upon a sounder basis of reason and propriety, than that a ruling or decision, itself correct in law, will not be disturbed on appeal merely because given for a wrong reason. If right upon any theory of the law applicable to the case, it must be sustained regardless of the considerations which may have moved the trial court to its conclusion." ' " (People v. Zapien (1993) 4 Cal.4th 929, 976.) In other words, it does not matter that the trial court may have mistakenly believed sections 1203.097 and 273.5 gave it authority to issue the protective order, because section 136.2 provided that authority.

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