How has the court interpreted section 1385 of the Criminal Code with respect to criminal history?

Appellant contends that the trial court had a "mistaken view of its discretionary power under section 1385" and "relied on the wrong standard in exercising its discretion, because it focused on appellant's criminal history." Not so. The court is presumed to have considered all relevant criteria unless the record affirmatively shows otherwise. (People v. Superior Court (Du) (1992) 5 Cal.App.4th 822, 836-837.) Here, the trial court indicated that it read and considered appellant's motion papers, which included factors in addition to appellant's criminal history. The record before us adequately demonstrates

Page 37