Is a motion to dismiss an action under section 1385 of the California Penal Code "in furtherance of justice" valid?

Analogizing to Penal Code section 1385, defendant contends these procedural directives are conditions precedent to a valid order. Section 1385, subdivision (a), authorizes a trial court to dismiss an action "in furtherance of justice" but requires that "[t]he reasons for the dismissal must be set forth in an order entered upon the minutes." Courts have long held that "`[t]he statement of reasons is not merely directory, and neither trial nor appellate courts have authority to disregard the requirement.'" (People v. Orin (1975) 13

[6 Cal.Rptr.3d 728]

Cal.3d 937, 944, 120 Cal.Rptr. 65, 533 P.2d 193 (Orin).) As we explained in Orin,"The underlying purpose of this statutory requirement is `to protect the public interest against improper or corrupt [fn. omitted] dismissals' and to impose a purposeful restraint upon the exercise of judicial power `"lest magistral discretion sweep away the government of laws."' [Citations.]" (Ibid.) Thus, the reasons cannot be "merely inferable" from the record because that does "not fulfill the purpose of the statute that the court indicate why its dismissal is `in furtherance of justice' but on the contrary leaves the record vague and subject to speculation as to the reasons for the court's action." (Id. at pp. 944-945, 120 Cal.Rptr. 65, 533 P.2d 193, fn. omitted.)

[6 Cal.Rptr.3d 728]