Can a defendant make a motion to dismiss under section 1385 of the Criminal Code?

^5. Although section 1385 does not give a defendant the right to make a motion to dismiss, a defendant "does have the right to 'invite the court to exercise its power by an application to strike a count or allegation of an accusatory pleading, and the court must consider evidence offered by the defendant in support of his assertion that the dismissal would be in furtherance of justice.' " (People v. Carmony (2004) 33 Cal.4th 367, 374.) Moreover, a defendant's inability to move to dismiss under section 1385 does not preclude him or her from arguing on appeal that the trial court erred in failing to dismiss under section 1385. (Id. at p. 375.)