California Criminal Procedure Trial §§ 302-323 (1963, Supp. 1973). Subsection (a) provides for dismissal by the government with leave of court. The entry of a nolle prosequi is abolished by § 80.80. Subsection (a) authorizes an application for dismissal by the prosecuting attorney only. The court may act on its own motion under Subsections (b) and (c). See also § 80.90 (dismissal after compromise). The last sentence of Subsection (a) has been added to incorporate a procedure from former law which also apparently reflects the federal practice. See 8A Moore, supra at 48-7; B. Witkin, supra § 303(b). Subsection (b) provides for dismissal for Aunnecessary delay,@ and supplements the specific guidelines provided by § 80.60. The latter section covers only certain situations, not all. For example, specific time limits are not provided in § 80.60 for making an arrest after the filing of a complaint or return of an indictment. The test in Subsection (b) covers Aunnecessary delay@ in taking any steps and embraces both dismissal for want of prosecution and for denial of the constitutional right to a speedy trial. See 8A Moore, supra &&48.03-48.05. The last sentence of Subsection (b) has been added to require the court to set forth in its order its reasons for dismissal. Obviously, a dismissal for denial of a speedy trial will be a bar to further prosecution and this fact should be made clear. Former § 1383 provided that where dismissal was not ordered and the action was continued, that the court could modify the conditions for the defendant's pretrial release. This Section is not continued here. General authority to modify the defendant's release conditions is provided by § 40.75. Subsection (c) recognizes the authority provided by § 7.67 of the Criminal and Correctional Code for the court to dismiss de minimus infractions of the law.
COL020909 DISMISSAL; COMPROMISE