Can a judge strike a section 667 prior serious felony conviction under Rule 441(b)?

We hold the trial court erroneously relied on rule 441(b), because Penal Code section 667 limits the discretion which would otherwise exist under rule 441(b). This conclusion is not affected by the recent decision in People v. Fritz (1985) 40 Cal.3d 227, 230-231, 219 Cal.Rptr. 460, 707 P.2d 833, holding that Penal Code section 667 does not restrict a trial court's power, in furtherance of justice pursuant to Penal Code section 1385, to strike a section 667 prior serious felony conviction. Here the trial court did not rely on Penal Code section 1385 nor state reasons which would [175 Cal.App.3d 435] support an order under section 1385, so the record does not support upholding the order on this alternative ground. The cause will be remanded.