IN RE VARNELL

No. S104614.

135 Cal.Rptr.2d 619 (2003)

30 Cal.4th 1132

70 P.3d 1037

In re Ronald Lee VARNELL on Habeas Corpus.

Supreme Court of California.

June 19, 2003.


Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Albert J. Menaster, Alice McVicker and Alex Ricciardulli, Deputy Public Defenders, for Petitioner Ronald Lee Varnell.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Marc E. Turchin and Marc J. Nolan, Deputy Attorneys General, for Respondent the People.

Steve Cooley, District Attorney (Los Angeles), George M. Palmer, Head Deputy District Attorney, and Phyllis C. Asayama, Deputy District Attorney, for California District Attorneys Association as Amicus Curiae on behalf of Respondent the People.


BAXTER, J.

Penal Code section 1385, subdivision (a)1 authorizes a trial court to "order an action to be dismissed" if the dismissal is "in furtherance of justice." Our case law has construed section 1385 to permit a court to dismiss individual counts in accusatory pleadings (People v. Polk (1964) 61 Cal.2d 217, 225-228, 37...

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