What is the test for dismissing an information in furtherance of justice?
California, United States of America
The following excerpt is from People v. Municipal Court (Kong), 122 Cal.App.3d 176, 175 Cal.Rptr. 861 (Cal. App. 1981):
The seminal case is People v. Superior Court (Howard) (1968) 69 Cal.2d 491, 72 Cal.Rptr. 330, 446 P.2d 138. In Howard, the trial court, on its own motion pursuant to section 1385, dismissed an information[122 Cal.App.3d 181] in furtherance of justice after a jury had found the defendant guilty. Such an order is not appealable.
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