Can a judge strike or dismiss a special circumstance finding in order to reduce the punishment?

California, United States of America


The following excerpt is from People v. Mora, 39 Cal.App.4th 607, 46 Cal.Rptr.2d 99 (Cal. App. 1995):

Upon a jury's verdict finding special circumstances to be true, Penal Code section 190.2 provides only two possible punishments, death or life imprisonment without possibility of parole. (People v. Young (1992) 11 Cal.App.4th 1299, 1308, 15 Cal.Rptr.2d 30.) A trial court has no statutory discretion to strike a special circumstance finding in order to reduce the punishment. Penal Code section 1385.1, enacted by the voters in 1990 in Proposition 115, provides, "Notwithstanding Section 1385 [discretion to [39 Cal.App.4th 615] dismiss in furtherance of justice] 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."

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