What is the limitation on the trial court's power to dismiss a prior felony conviction for purposes of section 667?

It necessarily follows any limitation on the trial court's power to dismiss a prior felony conviction for purposes of section 667, subdivision (e)(1) must be found in subdivision (f)(2) of that statute. The majority opinion assumes subdivision (f)(2) permits the trial court to dismiss a prior conviction in the interests of justice only on motion of the prosecutor and not on the court's own motion. If this is the correct interpretation of subdivision (f)(2) then that provision is unconstitutional as a violation of the separation of powers clause of the California Constitution. (See discussion below.) However, "statutes are to be so construed, if their language permits, as to render them valid and constitutional rather than invalid and unconstitutional." (Erlich v. Municipal Court (1961) 55 Cal.2d 553, 558, 11 Cal.Rptr. 758, 360 P.2d 334.) I believe subdivision (f)(2) can be given a constitutional construction.

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