Staples

Following a jury trial in Kern County Superior Court, defendant was found guilty of possessing a deadly weapon (a razor) while confined in state prison (Pen. Code, § 4502) 1 and assault with a deadly weapon while serving a life sentence (§ 4500). He subsequently admitted having a prior felony conviction (murder), within the meaning of section 667.

Probation was denied and defendant was sentenced as follows: for violation of section 4500, life without the possibility of parole for nine years; for violation of section 4502, four years which was stayed pursuant to section 654; for the section 667 prior conviction, five years, to be served consecutive to the 25-years-to-life term he was serving for the prior. The total term imposed was therefore 39 years to life. He timely appeals.

*274 I.-IV. *

V. Section 1385 Discretion

Defendant argues the court erred when it interpreted section 4500 to preclude its exercise of discretion under section 1385. The court was of the opinion the Legislature had not provided for sentencing discretion if section 4500 had been violated.

At the time the crimes in the present case were committed, section 4500 provided, in pertinent part: “Every…