How have courts reviewed a motion to strike or dismiss under section 1385?

California, United States of America

The following excerpt is from People v. Dragasits, D076396 (Cal. App. 2020):

A trial court's decision to grant or deny a motion to strike or dismiss under section 1385 are reviewed for abuse of discretion. (People v. Carmony (2004) 33 Cal.4th 367, 374; Cal. Rules of Court, rule 4.423(b)). In such cases, the court must consider the interests of the defendant as well as the interest of protection of society. Where a court consider dismissal " 'At the very least, the reason for dismissal must be

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"that which would motivate a reasonable judge." [Citations.]' " (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 530-531.)

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