Harris

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 Cal.Rptr. 443 , 637 P.2d 1029 ], to dismiss the special circumstance finding in order to impose a sentence of 27 years to life rather than life imprisonment without possibility of parole.

At the conclusion of the hearings the trial court inquired whether appellant would be willing to waive credit for time already spent in custody, to which appellant’s counsel replied yes. The court thereupon announced “the motion is granted, defendant having waived his back time. You are sentenced to state prison for 25 years to life plus 2 years for the use of a firearm. Twenty-seven years to life.”

The judgment…