California, United States of America
The following excerpt is from Tapia v. Superior Court, 279 Cal.Rptr. 592, 53 Cal.3d 282, 807 P.2d 434 (Cal. 1991):
Section 26 (adding Pen.Code, 1385.1) provides that "a judge shall not strike or dismiss any special circumstance which is admitted by a plea of guilty or nolo contendere or is found by a jury or court...." This section appears to be a direct response to our opinion in People v. Williams (1981) 30 Cal.3d 470, 179 Cal.Rptr. 443, 637 P.2d 1029, in which we held that a trial court had power to dismiss a special circumstance finding "in furtherance of justice" in order to modify a sentence of life imprisonment without the possibility of parole. In light of this history, section 26 could arguably be said to increase the punishment for crime.
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