Can a judge strike or dismiss a special circumstance finding in furtherance of justice?

California, United States of America


The following excerpt is from Tapia v. Superior Court, 279 Cal.Rptr. 592, 53 Cal.3d 282, 807 P.2d 434 (Cal. 1991):

Section 26 (adding Pen.Code, 1385.1) provides that "a judge shall not strike or dismiss any special circumstance which is admitted by a plea of guilty or nolo contendere or is found by a jury or court...." This section appears to be a direct response to our opinion in People v. Williams (1981) 30 Cal.3d 470, 179 Cal.Rptr. 443, 637 P.2d 1029, in which we held that a trial court had power to dismiss a special circumstance finding "in furtherance of justice" in order to modify a sentence of life imprisonment without the possibility of parole. In light of this history, section 26 could arguably be said to increase the punishment for crime.

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