How is the denial of a motion to dismiss reviewed for abuse of discretion?
California, United States of America
The following excerpt is from People v. Galvez, B294969 (Cal. App. 2019):
The denial of a motion to dismiss pursuant to section 1385 is reviewed for abuse of discretion. (People v. Carmony (2004) 33 Cal.4th 367, 376.) A trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it. (Id. at p. 377) The trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review, absent the required showing of abuse of discretion. (Id. at pp. 376-377.)
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