Courts acting pursuant to Penal Code section 1170.126 muststrictly follow the conditions set forth in the statute. In People v. Brown (2014) 230 Cal.App.4th 1502 an inmate who wasineligible for 1170.126 resentencing arguedthat the trial court had the powerto dismiss disqualifying priors pursuant to Penal Code section 1385. The Brown court explained that Proposition 36 did not givetrial courts the power to resentence beyond the conditions specified in the statute.

(3CT 837-840; 29RT 4344-4347.) In counts 6 and 7, the jury was unable to reach a verdict, so the court declared a mistrial for these counts, which were subsequently dismissed pursuant to section 1385. (3CT 836-844, 850-853; 13CT 3476; 29RT 4338-4440; 32RT 4661.) In count 8, appellant was convicted of murdering Lunainthefirst-degree, but the jury rejected the allegations that he personally used a firearm and committed the murder while engaged in the commission of the crime of robbery.