In Re Cortez

Opinion

SULLIVAN, J.

In People v. Tenorio (1970) 3 Cal.3d 89 [89 Cal.Rptr. 249, 473 P.2d 993], we held that section 11718 of the Health and Safety Code 1 violated article III and article VI, section 1 of the California Constitution which proclaim the separation of powers and vest the judicial power in the judiciary. Section 11718 prohibited the court in any criminal proceeding for the violation of any provision of the narcotics division of the above code (division X, §§ 11000-11853) to dismiss or strike from the accusatory pleading, except upon motion of the district attorney, an allegation of…