What is the legal test for dismissing an action in furtherance of justice?
California, United States of America
The following excerpt is from People v. Patrick, G052450 (Cal. App. 2016):
Under section 1385, subdivision (a), a court may dismiss an action in furtherance of justice on its own motion or upon the prosecutor's application. This statutory authority includes the discretion to dismiss or strike enhancements. (People v. Bonnetta (2009) 46 Cal.4th 143, 145.) Section 1385, subdivision (a) requires a court to state the reasons for the dismissal "orally on the record" and also "in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. . . ."3
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