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


The following excerpt is from People v. Williams, 179 Cal.Rptr. 443, 30 Cal.3d 470, 637 P.2d 1029 (Cal. 1981):

Such reasoning is faulty. First of all, the majority's statement of the applicable rule of statutory construction is directly contrary to our own recent holdings in People v. Tanner (1979) 24 Cal.3d 514, 518-520, 156 Cal.Rptr. 450, 596 P.2d 328, and Rockwell v. Superior Court (1976) 18 Cal.3d 420, 442-443, 134 Cal.Rptr. 650, 556 P.2d 1101. In each of these cases, the applicable statutes imposed specific penalties for particular crimes without any express withholding of the power to dismiss or reduce those penalties under section 1385. Nevertheless, in both cases we held that, based upon the mandatory statutory language imposing the penalties and the applicable legislative history, we could clearly infer an intent to preclude application of the dismissal power under section 1385.

Other Questions


What is the effect of reducing a conviction for an assault conviction by reducing it to an attempt to violate section 236.1(c) of the California Criminal Code? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (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)
What is the effect of section 28 of the California Criminal Code on a person who has not been convicted of a criminal offence under the Criminal Code Act? (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)
What is the effect of reducing a convicted criminal to a minor under section 1170.18 of the California Criminal Code? (California, United States of America)
What is the effect of a motion to reduce a conviction for possession of a controlled substance to a misdemeanor under section 17 of the California Criminal Code? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.