People v. Tanner

*518Opinion

CLARK, J.

— People appeal from order striking jury finding that defendant used a firearm during the commission of robbery. The order disregards mandatory language of Penal Code section 1203.06.1 We conclude the trial court erred.

This appeal involves a single issue: Did the Legislature in enacting section 1203.06 intend its mandatory language be subject to preexisting statutory language providing that a “court may . . . of its own motion . . . and in furtherance of justice, order an action to be dismissed”?2 (§ 1385.) Section 1385 has been construed to provide judicial power to dismiss…