Can a defendant bring a motion for dismissal in the furtherance of justice?

California, United States of America


The following excerpt is from People v. Dominguez, D060019 (Cal. App. 2013):

4. Although a defendant is not entitled to move for dismissal in the furtherance of justice under section 1385 (see fn. 6, post), a defendant may "'invite the court to exercise its power'" to do so. (People v. Carmony (2004) 33 Cal.4th 367, 375.)

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