California, United States of America
The following excerpt is from People v. Cowan, 194 Cal.App.3d 756, 239 Cal.Rptr. 796 (Cal. App. 1987):
During jury selection appellant waived jury trial on the section 1203.066, subdivision (a)(2) and (a)(8), allegations. After the jury reached its verdict and before making any findings on the allegations, the trial court granted appellant's request to strike the allegations on its own motion under section 1385. The order was entered November 26, 1985, the matter was referred to the probation department, and sentencing was set for December 23, 1985. On December 16, 1985, the People filed a "Motion to Reconsider and to Vacate Order Dismissing 1203.066 Allegations." It was the People's position that such action was prohibited by the language of section 1203.066 itself as well as by People v. Tanner (1979) 24 Cal.3d 514, 156 Cal.Rptr. 450, 596 P.2d 328 and "subsequent related cases." This motion was granted on December 23, 1985, and the order was vacated. On December 27, 1985, the trial court found the allegations true. Appellant contends the trial court had discretion under section 1385 to strike the allegations before they were found true, and lacked jurisdiction to reinstate them.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.