In People v. Superior Court (Mowry) (1971) 20 Cal. App. 3d 684, defendant was convicted and sentenced to prison for forgery. Six weeks later, a new forgery charge was filed. At arraignment, the trial court dismissed the new case, stating, " 'The Defendant having been sentenced to the California State Prison in Santa Barbara County Superior Court Case Number 89882 on February 2, 1971 on charges of violation of section 470 Penal Code, the Court now orders that the charges are dismissed in the Interest of Justice on the Court's own motion . . . ." (Id. at pp. 686-687.) Affirming, the appellate court noted that the trial court was entitled to take into account its own sentencing practices, and to conclude that a concurrent sentence on the new charge would be imposed, which would increase the defendant's sentence by only six weeks. "We cannot say that the trial court was necessarily in error in concluding that such a nominal increase in penalty had no purpose other than to harass defendant and that it contributed nothing to the over-all enforcement of the criminal law." (Id. at p. 687.) In Mowry, the court considered the defendant's past history along with the court's own sentencing practices.