People v. Dorsey

Opinion

GARDNER, P. J.

After a fatal family altercation, the defendant was convicted of second degree murder and assault with a deadly weapon. The jury also found to be true the allegation of the use of a firearm. (Pen. Code, § 12022.5.) At sentencing, the trial court expressed itself as being disposed to dismiss the use of a firearm allegation because of defendant’s good background but held that it lacked the authority to do- so.

On appeal, defendant makes no attack on the judgment of conviction which therefore must stand. The sole issue presented is whether or not the court had the power to…