Can a motion to dismiss an allegation under section F)(2 of the California Family Law Act be dismissed in furtherance of justice?

California, United States of America


The following excerpt is from People v. Bailey, 37 Cal.App.4th 871, 44 Cal.Rptr.2d 205 (Cal. App. 1995):

10 While subdivision (f)(2) specifically provides the court power to dismiss a prior allegation made under that statute only for insufficiency of the evidence, the power to grant the People's motion to dismiss in furtherance of justice must be implied. To hold otherwise would lead to the absurd result that the court had no discretion to grant the motion of the People made according to statute. "Whenever possible, courts must construe statutes harmoniously and avoid absurd or anomalous results." (People v. Gonzalez (1990) 51 Cal.3d 1179, 1221, 275 Cal.Rptr. 729, 800 P.2d 1159.)

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