People v. Harris

Opinion

ASHBY, J.

By nonjury trial appellant Michael Harris was found guilty as charged of first degree deliberate and premeditated murder, with the special circumstance that the murder was committed while in lying in wait and the further finding that appellant personally used a firearm in commission of the offense. (Pen. Code, §§ 187, 190.2, subd. (a)(15), 12022.5.)

Thereafter the trial court received extensive evidence and conducted several hearings on the issue whether the court should exercise its power under Penal Code section 1385 and People v. Williams (1981) 30 Cal.3d 470, 489-490 [179…