People v. Metcalf

Opinion

HOLLENHORST, Acting P. J.

Defendants were charged with selling a controlled substance, cocaine, in violation of Health and Safety Code section 11352, subdivision (a). A jury convicted them and found that defendant Simon had two prior felony convictions. Defendant Metcalf was found to be a drug addict and was committed to the California Rehabilitation Center. (Welf. & Inst. Code, §§ 3050, 3051.) Defendant Simon was sentenced to 25 years to life in state prison.

I-IV

*

V

Separation of Powers

Defendant Simon next argues that the three strikes law impermissibly violates the separation of powers provisions of the California Constitution. (Cal. Const., art. III, § 3.) Our Supreme Court has recently considered

[251]

this issue in

People

v.

Superior Court

(Romero) (1996) 13 Cal.4th 497 [53 Cal.Rptr.2d 789, 917 P.2d 628]. In that case, our Supreme Court decided that the three strikes law does not eliminate the trial court’s power to act on its own motion pursuant to Penal Code section 1385. (13 Cal.4th at pp. 529-530.) In reaching this conclusion, the court found that, if the statute was construed to eliminate the trial court’s discretion, the trial court would not have the power to dismiss unless the prosecutor consented. “So interpreted, the statute would appear to violate the doctrine of separation of powers.”

(Id.,

at p. 513.) The court therefore held that “[I]n cases charged under [the three strikes law], a court may exercise the power to dismiss granted in section 1385, either on the court’s own motion or on that of the prosecuting attorney, subject, however, to strict compliance with the provisions of section 1385 and to review for abuse of discretion.”

(Id.,

at p. 504.)