Who may make a special finding that a nonaccomplice was present during the commission of the crime?

As to who may make a special finding that a nonaccomplice was present during the commission of the offense, "just as determining whether a prior conviction is a serious or violent felony for purposes of the 'Three Strikes' law is within the province of the trial court [citation], so too determining whether a defendant's current conviction for first degree burglary is a violent felony for the purpose of calculating presentence conduct credits is properly part of the trial court's traditional sentencing function." (People v. Garcia, supra, 121 Cal.App.4th at p. 274.)⁶

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