California, United States of America
The following excerpt is from People v. Williams, 179 Cal.Rptr. 443, 30 Cal.3d 470, 637 P.2d 1029 (Cal. 1981):
Such reasoning is faulty. First of all, the majority's statement of the applicable rule of statutory construction is directly contrary to our own recent holdings in People v. Tanner (1979) 24 Cal.3d 514, 518-520, 156 Cal.Rptr. 450, 596 P.2d 328, and Rockwell v. Superior Court (1976) 18 Cal.3d 420, 442-443, 134 Cal.Rptr. 650, 556 P.2d 1101. In each of these cases, the applicable statutes imposed specific penalties for particular crimes without any express withholding of the power to dismiss or reduce those penalties under section 1385. Nevertheless, in both cases we held that, based upon the mandatory statutory language imposing the penalties and the applicable legislative history, we could clearly infer an intent to preclude application of the dismissal power under section 1385.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.