What is the test for dismissing an action under section 1385 of the California Civil Code?

California, United States of America


The following excerpt is from People v. Medrano, F068714, F069260 (Cal. App. 2016):

Section 1385 grants the trial court authority, on its own motion or on the motion of the prosecution, to order dismissal of an action in the furtherance of justice. The trial court has broad authority under this section, though it is not absolute. The language of the statute requires consideration of both the constitutional rights of the defendant and the interests of society presented by the People. The reason for dismissal must be that which would motivate a reasonable judge. (People v. Orin (1975) 13 Cal.3d 937, 945.) Dismissals may be proper before, during, and after trial. (Id. at p. 946.)

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