(DOWNLOAD) "People v. Bonnetta" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: People v. Bonnetta
- Author : Colorado Supreme Court
- Release Date : January 27, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Penal Code section 1385, subdivision (a) provides in relevant part: "The judge . . . may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed." The discretion thereby conferred on the trial courts includes the discretion to dismiss or strike an enhancement in the furtherance of justice. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 504; People v. Thomas (1992) 4 Cal.4th 206, 209.) But whether the decision is to dismiss the entire action or, as here, only an enhancement allegation, Penal Code section 1385 requires that the reasons for the dismissal be set forth "in an order entered upon the minutes." (Id., subd. (a).) Here they were not.