Warren

This appeal involves a habeas corpus proceeding brought for the purpose of permitting the trial court to consider appellant’s request that it exercise Penal Code section 1385 discretion to dismiss special circumstance findings in a first degree murder case so as to make appellant eligible for parole. The writ was sought following the California Supreme Court’s decision in People v. Williams (1981) 30 Cal.3d 470 [ 179 Cal.Rptr. 443 , 637 P.2d 1029 ], wherein the Supreme Court held that the trial court had such authority under Penal Code section 1385. After issuance of the writ, the court below denied appellant’s request that it dismiss the special circumstance findings on the ground that such a dismissal could be justified solely on the basis of appellant’s postconviction behavior while in prison and that the court could not consider that behavior as the primary or sole basis for the exercise of Penal Code section 1385 relief without violating the separation of powers doctrine. Specifically, the court held that such an application of the statute would go beyond the scope of a dismissal in furtherance of justice and would instead constitute an impermissible judicial…