In Re Estate of Nicholas
177 CAL.APP.3D 1071, 223 CAL.RPTR. 410, 1986.CA.41092
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Descrição da editora
In this case, we hold that when the functional effect of a trial courts order is to strike a Penal Code section 667, subdivision (a) enhancement, even though the action is denominated a stay, the court must comply with section 1385. Moreover, a trial court cannot use a prior 667, subdivision (a) conviction as a factor in aggravation of a sentence.