California, United States of America
The following excerpt is from People v. Wandario, G041114 (Cal. App. 3/4/2010), G041114. (Cal. App. 2010):
The district attorney contends "[t]he trial court . . . exceeded its [authority under] section 1181 when it dismissed the jury verdict as to the kidnapping for robbery charge." We need not address this because we conclude the dismissal was proper under section 1385. As the district attorney concedes, "If the dismissal is correct upon any legal theory applicable to the case, it will be upheld on appeal regardless of the court's stated explanation for the ruling. [Citation.]" (People v. Salgado (2001) 88 Cal.App.4th 5, 9-10.)
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