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IN RE VARNELL

No. B153849.

115 Cal.Rptr.2d 464 (2002)

95 Cal.App.4th 205

In re Ronald Lee VARNELL on Habeas Corpus.

Court of Appeals of California, Second District, Division Seven.

As Modified on Denial of Rehearing February 11, 2002.

Review Granted May 1, 2002.

Attorney(s) appearing for the Case

Michael P. Judge, Public Defender of Los Angeles County, Albert J. Menaster, Alice McVicker and Alex Ricciardulli, Deputy Public Defenders, for Petitioner.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Marc E. Turchin and Marc J. Nolan, Supervising Deputy Attorneys General, for Respondent.

PERLUSS, J.

This petition for habeas corpus relief presents an issue of first impression: May a trial court use Penal Code section 1385 1 to dismiss a prior conviction to enable an otherwise ineligible defendant to qualify for probation and drug treatment under newly enacted Proposition 36?

For more than a century, section 1385 has empowered trial courts to dismiss an action, sentencing allegation, or enhancement in furtherance...

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