People v. Warren

Opinion

REID, J. *

This appeal involves a habeas corpus proceeding brought for the purpose of permitting the trial court to consider appellant’s request that it exercise Penal Code section 1385 discretion to dismiss special circumstance findings in a first degree murder case so as to make appellant eligible for parole. The writ was sought following the California Supreme Court’s decision in People v. Williams (1981) 30 Cal.3d 470 [179 Cal.Rptr. 443, 637 P.2d 1029], wherein the Supreme Court held that the trial court had such authority under Penal Code section 1385. After issuance of the writ,…