Lopez

Defendant pled guilty to robbery (Pen. Code, §211 ) and admitted an allegation that he used a knife (§ 12022, subd. (b)) after a trial in which the jury failed to reach a verdict. The plea was given in exchange for a suspended sentence of three years for the robbery and a year for the use allegation, with the defendant to serve one year in the county jail followed by one year of formal probation. The defendant obtained a certificate of probable cause and contends the trial court wrongfully denied his Mejia (People v. Mejia (1976) 57 Cal.App.3d 574 [ 129 Cal.Rptr. 192 ]) motion and his request that the trial court exercise discretion under section 1385 to dismiss. Defendant also filed a petition for writ of habeas corpus based on ineffective assistance of counsel, if we should find that the Mejia issue cannot be heard on the appeal.

Facts

On October 8, 1985, the victim was driving alone on the Ortega Highway in Riverside County. Coming around a curve she saw her way was blocked by a car straddling the center divider. In the glare of the car’s headlights, she noticed a man under the car, a few other men at the side of the road, and codefendant Valencia (not a party to…