Can a judge strike or dismiss a special circumstance?

California, United States of America


The following excerpt is from People v. Brown, G046404 (Cal. App. 2013):

4. "[Penal code s]ection 1385 generally authorizes a judge to order an action dismissed in furtherance of justice. ( 1385, subd. (a).) However, section 1385.1 provides: 'Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which . . . is found by a jury or court as provided in Sections 190.1 to 190.5, inclusive.' In light of section 1385.1, the court had no authority to strike the . . . special circumstance. [Citations.]" (People v. Mendoza (2011) 52 Cal.4th 1056, 1075.)

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