Does Section 1385 of the California Criminal Code apply to a defendant in a case where there is evidence that the prosecution of defendants was inappropriate?

California, United States of America


The following excerpt is from People v. Halim, 14 Cal.App.5th 632, 223 Cal.Rptr.3d 491 (Cal. App. 2017):

Here, the trial court determined this case did not warrant a section 1385 dismissal. The court found no evidence to suggest that the District Attorney's prosecution of defendants was inappropriate. There was substantial evidence presented to the grand jury showing defendants deprived the victims of their personal liberty with the intent to obtain forced labor or services from them. (See 236.1.) There is also nothing in the record to support defendants' allegations that the prosecutorial decisions were motivated by an improper purpose. Consequently, defendants have not demonstrated that the trial court's decision was "so irrational or arbitrary that no reasonable person could agree with it." ( People v. Carmony , supra , 33 Cal.4th at p. 377, 14 Cal.Rptr.3d 880, 92 P.3d 369.) We find no abuse of discretion in the trial court's determination that this case did not warrant a section 1385 dismissal.

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