Tooby's California Post-Conviction Relief for Immigrants

(A)

)  Interests of Justice Standard.  The statute authorizes the court to dismiss "in furtherance of justice . . . ."[389]  This standard "requires consideration of the constitutional rights of the defendant and the interests of society. Courts are empowered to fashion a remedy for deprivation of a constitutional right to suit the needs of the case."[390]  The test is to balance many factors, including the interests of the defendant and the interests of society.[391]

            For a dismissal to be legally valid, it must be based on a ground the appellate courts agree is in the interests of justice.  Dismissals are frequently reversed on appeal.  The best strategy is to look at the list of approved grounds, document that as many as possible exist in the client's case, and submit detailed findings of fact to the court for the court to sign (as in a civil case). 

[389] Penal Code § 1385(a). 

[390] People v. Orin (1975) 13 Cal.3d 937, 945, 120 Cal.Rptr. 65; People v. Thorbourn (2004) 121 Cal.App.4th 1083, 1088, 18 Cal.Rptr.3d 77; People v. Superior Court (Flores) (1989) 214 Cal.App.3d 127, 144, 262 Cal.Rptr. 576, citing In re Pfeiffer (1968) 264 Cal.App.2d 470, 477. 

[391] People v. Fretwell (1970) 8 Cal.App.3d 37, 40.