Tooby's California Post-Conviction Relief for Immigrants

(A)

In General.  The court's dismissal order must not be an abuse of discretion.[462]  "A dismissal which arbitrarily disregards the interests of society, without a showing that a failure to order dismissal would be prejudicial to the defendant, is not in the interest of justice and is an abuse of discretion."[463] 

[462] See generally California Criminal Defense Practice § 51.21[4] (Erwin, Millman, Monroe, Sevilla, & Tarlow, eds. 2009).

[463] California Criminal Defense Practice § 51.20[1], p. 51-44 (Erwin, Millman, Monroe, Sevilla, & Tarlow, eds. 2009), citing People v. Superior Court (Schomer) (1970) 13 Cal.App.3d 672, 680, 91 Cal.Rptr. 651.  See also People v. Fretwell (1970) 3 Cal.App.3d Supp. 37, 41, 87 Cal.Rptr. 356 (abuse of discretion to order dismissal before any witnesses had been sworn or evidence taken); People v. Superior Court (Long) (1976) 56 Cal.App.3d 374, 379, 126 Cal.Rptr. 465 (abuse of discretion to dismiss based on perceived detriment to victim, rather than to defendant); People v. Ritchie (1971) 17 Cal.App.3d 1098, 1106, 95 Cal.Rptr. 462 (abuse of discretion to dismiss to secure appellate ruling); People v. Superior Court (King) (1967) 249 Cal.App.2d 714, 718, 57 Cal.Rptr. 892 (abuse of discretion to dismiss on basis of submission on preliminary hearing transcript, where substantial questions of fact existed).