What is the test for dismissing an order of dismissal under section 1385 of the Criminal Code?

Defendant alternatively contends the court's dismissal may be upheld as a proper imposition of an indicated sentence. "In an indicated sentence, a defendant admits all charges, including any special allegations and the trial court informs the defendant what sentence will be imposed. No bargaining is involved because no charges are reduced. [Citations.] In contrast to plea bargains, no prosecutorial consent is required. [Citation.]" ( People v. Allan , supra , 49 Cal.App.4th at p. 1516, 57 Cal.Rptr.2d 269.) This argument fails for the same reason as stated aboveno sentence was imposed.

" Although the power given the trial court under section 1385 is very broad [citation], the discretion to be exercised is not absolute [citation]. [Citation.] [] An order of dismissal is a matter of public concern [citation]. "[F]urtherance of justice" [means] justice to society [the People] as well as to a criminal defendant ... [citation]. [A] dismissal which arbitrarily cuts those rights without a showing of detriment to the defendant is an abuse of discretion. [Citations.]" ( People v. Superior Court (Montano) (1972) 26 Cal.App.3d 668, 670-671, 102 Cal.Rptr. 925.)

Here, defendant entered a guilty plea, and the public defender concurred.

[223 Cal.Rptr.3d 329]