What is the remedy used by a court to dismiss a charge of assault against a defendant who was found guilty of assault by reason of prejudice?

California, United States of America


The following excerpt is from People v. Wright, 217 Cal.Rptr. 212, 39 Cal.3d 576, 703 P.2d 1106 (Cal. 1985):

Defendant contends this procedure failed to cure the prejudice. As we observed in People v. Zamora (1980) 28 Cal.3d 88, 99, 167 Cal.Rptr. 573, 615 P.2d 1361, courts enjoy a large measure of discretion in determining the appropriate sanction that should be imposed when the prosecution suppresses discoverable evidence: "Not every suppression of evidence requires dismissal of charges.... The remedies to be applied need be only those required to assure the defendant a fair trial." (Ibid., citing Brown v. Municipal Court (1978) 86 Cal.App.3d 357, 363, 150 Cal.Rptr. 216.)

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