[Download] "In Re Varnell" by California Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: In Re Varnell
- Author : California Supreme Court
- Release Date : January 19, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Penal Code section 1385, subdivision (a) *fn1 authorizes a trial court to "order an action to be dismissed" if the dismissal is "in furtherance of justice." Our case law has construed section 1385 to permit a court to dismiss individual counts in accusatory pleadings (People v. Polk (1964) 61 Cal.2d 217, 225-228), sentencing enhancements (see People v. Thomas (1992) 4 Cal.4th 206, 210), allegations that the defendant has suffered a prior conviction (People v. Burke (1956) 47 Cal.2d 45, 49-53), and allegations that the defendant has suffered a prior "strike" *fn2 (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530). In each case, our analysis of section 1385 has presupposed the existence of "charges or allegations in an indictment or information" to dismiss. (People v. Hernandez (2000) 22 Cal.4th 512, 523.)