Can a prosecutor invoke section 1385 of the California Civil Code to dismiss a criminal complaint?

The parties agree that the prosecutor's motion before the magistrate to dismiss the complaint was an invocation of section 1385. That statute reads in relevant part: "The court may, either of its own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed." The statute does not require that [22 Cal.3d 624] a court dismiss a criminal action upon application of the district attorney; rather, the statutory language clearly indicates the creation of a discretionary power in the court. (Gyler v. Mission Ins. Co. (1973) 10 Cal.3d 216, 219, 110 Cal.Rptr. 139, 514 P.2d 1219.)