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.)
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