Can a judge or magistrate dismiss an action against a defendant who has previously been convicted of a felony?

California, United States of America

The following excerpt is from People v. Crutcher, D073613 (Cal. App. 2018):

Section 1385 states, in relevant part: "The judge or magistrate may . . . of his or her own motion . . . and in furtherance of justice, order an action to be dismissed." ( 1385, subd. (a).) Subject to certain restrictions not applicable here, trial courts have authority under section 1385 "to dismiss not only an entire case, but also a part thereof, including the allegation that a defendant has previously been convicted of a felony." (People v. Romero (1996) 13 Cal.App.4th 497, 508.)

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Can a judge or magistrate dismiss an action against a defendant who has previously been convicted of a felony?

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