What is the test for dismissing a charge of possession of marijuana without obtaining the prosecutor's approval?

In People v. Tenorio, supra, the defendant was convicted of possession of marijuana, then admitted having suffered a prior conviction of possession of [37 Cal.App.4th 55] marijuana. Health and Safety Code section 11718 required mandatory minimum prison terms for defendants with one or more prior convictions, " '... except upon motion of the district attorney.' " (Id. at p. 91, 89 Cal.Rptr. 249, 473 P.2d 993.) The trial court dismissed the allegation of the prior conviction without first obtaining the prosecutor's approval, then granted the defendant probation. Recognizing that the separation of powers doctrine demands "... that the branches of government be co-equal and that a prosecutor not be vested with the power to foreclose the exercise of a judicial power recognized in [a statute] itself" (id. at p. 95, 89 Cal.Rptr. 249, 473 P.2d 993, fn. omitted), the court concluded "... judicial power is compromised when a judge, who believes that a charge should be dismissed in the interests of justice, wishes to exercise the power to dismiss but finds that before he may do so he must bargain with the prosecutor. The judicial power must be independent, and a judge should never be required to pay for its exercise." (Id. at p. 94, 89 Cal.Rptr. 249, 473 P.2d 993.)