What is the test for dismissing information under section 1385?

California, United States of America


The following excerpt is from People v. Barajas, E061893 (Cal. App. 2015):

We review a trial court's order dismissing the information under Penal Code section 1385 for an abuse of discretion. (People v. Uribe (2011) 199 Cal.App.4th 836, 858.) A trial court abuses its discretion when it bases its decision "'on impermissible factors [citation] or on an incorrect legal standard.'" (Ibid.)

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