Is a defendant entitled to a motion to dismiss the case under section 1385?

California, United States of America


The following excerpt is from People v. Halim, 14 Cal.App.5th 632, 223 Cal.Rptr.3d 491 (Cal. App. 2017):

Finally, defendants claim the trial court abused its discretion by refusing to dismiss the case under section 1385. We disagree. Section 1385, subdivision (a) provides that a "judge ... may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed." Under section 1385 a "defendant has no right to make a motion, and the trial court has no obligation to make a ruling," however defendant "does have the right to invite the court to exercise its power by an application to strike a count or allegation of an accusatory pleading .... [Citation.]" ( People v. Carmony (2004) 33 Cal.4th 367, 375, 14 Cal.Rptr.3d 880, 92 P.3d 369.)

Other Questions


Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
In a motion to dismiss count 4 pursuant to section 1387, does defendant have to prove that defense counsel was ineffective for failing to file the motion? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for dismissing a motion to dismiss a motion for summary dismissal? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
Can a defendant make a motion to dismiss under section 1385 of the Criminal Code? (California, United States of America)
Is a defendant who has been convicted of multiple sexual offences against the same victim entitled to a full, separate and consecutive sentence under section 667.6 of the California Penal Code, section 1170.1? (California, United States of America)
Can a motion to dismiss an appeal from a judgment denying an injunction to restrain defendants from building a proposed dwelling be dismissed for mootness? (California, United States of America)
What is the difference between a motion to dismiss under section 583 and section 473 of the California Criminal Code? (California, United States of America)
What is the basis for a motion to reverse the denial of defendant's motion to strike a prior serious or violent felony conviction under section 1385? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.