People v. Harris

[227 CalApp3d Page 1224] By nonjury trial appellant Michael Harris was found guilty as charged of first degree deliberate and premeditated murder, with the special circumstance that the murder was committed while in lying in wait and the further finding that appellant personally used a firearm in commission of the offense. (Pen. Code, ?? 187, 190.2, subd. (a)(15), 12022.5.) Thereafter the trial court received extensive evidence and conducted several hearings on the issue whether the court should exercise its power under [227 CalApp3d Page 1225] Penal Code section 1385 and People v. Williams (1981) 30 Cal. 3d 470, 489-490 [179 Cal. Rptr. 443, 637 P.2d 1029], to dismiss the special circumstance finding in order to impose a sentence of 27 years to life rather than life imprisonment without possibility of parole.