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California Penal Code Section 1385

Legal Research Home > California Laws > Penal Code > 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 must be set forth in an order entered upon the
minutes. No dismissal shall be made for any cause which 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).

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Last modified: March 17, 2014