In what circumstances will the court dismiss a motion to dismiss the case on its own motion?

California, United States of America


The following excerpt is from People v. Harris, 133 Cal.Rptr. 352, 62 Cal.App.3d 859 (Cal. App. 1976):

We have reviewed the reporter's transcript of the hearing which led to the dismissal and it is clear that the court was disposed to dismiss the case on its own motion. Furthermore the transcript illuminates and [62 Cal.App.3d 862] explains what the court meant by 'unavailability of evidence vital to the case.' Hence, in spite of the deficiency of the minute order, we treat the dismissal as being made on the court's own motion pursuant to Penal Code section 1385, and proceed to discuss the propriety of the court's ordering the case dismissed. (See People v. Dewberry, 40 Cal.App.3d 175, 114 Cal.Rptr. 815.)

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