In re Varnell

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 Cal.Rptr. 753 , 390 P.2d 641 ]), sentencing enhancements (see People v. Thomas (1992) 4 Cal.4th 206, 210 [ 14 Cal.Rptr.2d 174 , 841 P.2d 159 ]), allegations that the defendant has suffered a prior conviction (People v. Burke (1956) 47 Cal.2d 45, 49-53 [ 301 P.2d 241 ]), and allegations that the defendant has suffered a prior “strike” 2 (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ]). In each case, our analysis of section 1385 has presupposed the existence of “charges or allegations in an indictment or information” to dismiss. (People v. Hernandez (2000) 22 Cal.4th 512, 523 [ 93 Cal.Rptr.2d 509 , 994 P.2d 354 ].)

In this case, we must decide whether a trial court may rely on section 1385 to do something other than dismiss the charges or allegations in a criminal action—i.e., whether a trial court may…