Tooby's California Post-Conviction Relief for Immigrants

(A)

General Rules.  The prosecution must be given notice and an opportunity to be heard and present evidence before the court rules on the dismissal.  The court, however, has authority to dismiss criminal charges over the objection of the prosecution.[468]  The decision is within the discretion of the court.[469]

[468] People v. Superior Court (Howard) (1968) 69 Cal.2d 491, 501, 503-504; People v. Jordan (1978) 86 Cal.App.3d 529, 534; see People v. Tenorio (1970) 3 Cal.3d 89, 94, 89 Cal.Rptr. 249; People v. Toscano (1977) 69 Cal.App.3d 140, 147, 137 Cal.Rptr. 893.  But see People v. Orin (1975) 13 Cal.3d 937, 949, 120 Cal.Rptr. 65 (court may, indeed, must consider objections by prosecutor in balancing conflicting interests to decide whether to dismiss).

[469] People v. Superior Court (Howard) (1968) 69 Cal.2d 491, 501.