Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise - California Penal Code Section 1385
Legal Research Home >
California Laws > Penal Code > Chapter 8. Dismissal of the Action for Want of Prosecution or Otherwise - California Penal Code Section 1385
1385. (a) The judge or magistrate may, either of his or her own
motion or upon the application of the prosecuting attorney, and in
furtherance of justice, order an action to be dismissed. The reasons
for the dismissal shall be stated orally on the record. The court
shall also set forth the reasons in an order entered upon the minutes
if requested by either party or in any case in which the proceedings
are not being recorded electronically or reported by a court
reporter. A dismissal shall not be made for any cause that would be
ground of demurrer to the accusatory pleading.
(b) This section does not authorize a judge to strike any prior
conviction of a serious felony for purposes of enhancement of a
sentence under Section 667.
(c) (1) If the court has the authority pursuant to subdivision (a)
to strike or dismiss an enhancement, the court may instead strike
the additional punishment for that enhancement in the furtherance of
justice in compliance with subdivision (a).
(2) This subdivision does not authorize the court to strike the
additional punishment for any enhancement that cannot be stricken or
dismissed pursuant to subdivision (a).
Last modified: February 16, 2015