Does a motion dismissing two counts of a three-count indictment fall under section 8 of the Criminal Code Code?
California, United States of America
The following excerpt is from People v. Drake, 139 Cal.Rptr. 720, 19 Cal.3d 749, 566 P.2d 622 (Cal. 1977):
In People v. Orin (1975) 13 Cal.3d 937, 940, 120 Cal.Rptr. 65, 533 P.2d 193, we implied that an order dismissing two counts of a three-count indictment might fall under subsection 8. The information filed in this case involved only one count, however, and the trial court's order did not terminate the action on that count.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
Can a motion under section 1538.5 of the Criminal Code be suppressed by motion under Section 1538 of the Code of Civil Procedure? (California, United States of America)
Can a motion to dismiss a criminal case be dismissed under section 1387, subdivision (a) of the California Criminal Code? (California, United States of America)
Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
What is the effect of section 1385(1) of the California Criminal Code on a motion to dismiss or reduce a criminal conviction? (California, United States of America)
What is the difference between a motion to dismiss under section 583 and section 473 of the California Criminal Code? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
