Espinoza

DISCUSSION

A. Standard of Review The question before us is whether a trial court retains the

ability to dismiss a conviction under section 1385 after it has

become final. While we apply an abuse of discretion standard to a

review a trial court's decision to deny relief under section 1385

(People v. Carmony (2004) Cal.4th 367, 374-376), this application is premised on the court’s ability to grant relief

under the statute. Thus, when the trial court’s decision is based

on a ruling that it lacked post-judgment jurisdiction under a

statute to grant the relief requested, the question involves

statutory interpretation, a question of law which we review de

novo. (In re Martinez (2012) 210 Cal.App.4th 800, 809.)

B. The Trial Court Properly Denied Relief Under Section 1385

Section 1385, subdivision (a), in relevant part, provides

“[t]he judge or magistrate 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.” Section

1385 contemplates only dismissal of…