Supreme Court of California

Trial courts may not use Penal Code section 1385 to disregard "sentencing factors" that are not themselves required to be a charge or allegation in an indictment or information.

Appellate Information

• Decided 06/19/2003
• Published 06/19/2003

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
•   Michael P. Judge, Public Defender, Albert J. Menaster, Alice McVicker and Alex Ricciardulli, Deputy Public Defenders, for Petitioner Ronald Lee Varnell.


• For Appellees:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Marc E. Turchin and Marc J. Nolan, Deputy Attorneys General, for Respondent the People., Steve Cooley, District Attorney (Los Angeles), George M. Palmer, Head Deputy District Attorney, and Phyllis C. Asayama, Deputy District Attorney, for California District Attorneys Association as Amicus Curiae on behalf of Respondent the People.