What is the test for dismissing a special circumstance finding?

" 'In some cases ... the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged. In such circumstances, unless counsel was asked for an explanation and failed to provide [230 Cal.App.3d 1430] one, or unless there simply could be no satisfactory explanation, these cases are affirmed on appeal.' " (People v. Ledesma (1987) 43 Cal.3d 171, 218, 233 Cal.Rptr. 404, 729 P.2d 839.)

The record ⁵ fails to support appellant's contention he was denied effective assistance of counsel.

. 5. Appellant contends the trial court was not aware it had discretion to dismiss the special circumstance finding.

Appellant, utterly without support in the record, contends the trial court was not aware it had discretion to dismiss the special circumstance finding. (People v. Williams (1981) 30 Cal.3d 470, 490, 179 Cal.Rptr. 443, 637 P.2d 1029.)

" 'It is a basic presumption indulged in by reviewing courts that the trial court is presumed to have known and applied the correct statutory and case law in the exercise of its official duties.' " (People v. Lewis (1987) 191 Cal.App.3d 1288, 1296, 237 Cal.Rptr. 64.)

The contention is without merit.