People v. Ames

Opinion

STONE (W. A.), Acting P. J.

In People v. Williams (1981) 30 Cal.3d 470 [179 Cal.Rptr. 443, 637 P.2d 1029] the Supreme Court held that a court

retains discretion under Penal Code section 1385 to dismiss a jury’s finding of special circumstances in order to modify a sentence of life imprisonment without the possibility of parole. (30 Cal. 3d at p. 490.) In this appeal we are called upon to determine whether a sentencing court retains discretion to strike a special circumstance which is part of a negotiated plea which the court had previously approved. As we will discuss, the court has no…