Does Section 1385, subdivision (b)(1)(1) of the Criminal Code apply to a defendant who has a prior conviction for assault?

California, United States of America

The following excerpt is from People v. Cordova, E069548 (Cal. App. 2019):

Section 1385, subdivision (b)(1) permits a court, if it has the authority, to strike or dismiss the punishment for that enhancement in the furtherance of justice. When a trial court exercises its authority in furtherance of justice, it does not wipe out the prior conviction or prevent it from being considered in connection with later convictions. Instead, it simply embodies the court's determination that, in the interest of justice, the defendant should not be required to undergo the statutorily increased penalty. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 508.)

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