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Name: In re Varnell
Case #: B153849
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 01/15/2002
Subsequent History: Rev. granted 5/1/02.

Prop 36 case. The trial court may use Penal Code section 1385 to dismiss a disqualifying prior strike allegation and thereby make a defendant eligible for sentencing under Proposition 36. Since the trial court here found that appellant’s minor record and nonviolent offense warranted dismissal of the prior strike, but erroneously found that it lacked the power to do so, the judgment was vacated and the case was remanded for reconsideration of the sentence.