Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 10. MISCELLANEOUS PROCEEDINGS / CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise
California Codes

Cal. Penal Code § 1385.1 (2026)

✓ current as of May 2026
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Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which is admitted by a plea of guilty or nolo contendere or is found by a jury or court as provided in Sections 190.1 to 190.5, inclusive.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1995–2025 · leading case: Florencio Dominguez v. Scott Kernan, 906 F.3d 1127 (9th Cir. 2018).
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Florencio Dominguez v. Scott Kernan, 906 F.3d 1127 (9th Cir. 2018). “His trial resulted in a hung jury, and the state trial court dismissed the case under California Penal Code § 1385.1 The state refiled the criminal complaint (San Diego County Superior Court No.”
People v. Wilson, 2002 Cal. Daily Op. Serv. 396 (Cal. Ct. App. 2002). · cites it 2× “) Moreover, Penal Code section 1385.1 expressly prohibits trial courts from utilizing Penal Code section 1385 to strike special circumstances.”
People v. Mora, 95 Cal. Daily Op. Serv. 8353 (Cal. Ct. App. 1995). “Otherwise, Penal Code section 1385.1 could be routinely evaded in a trial court’s discretion.”
People v. Hernandez CA2/3 (Cal. Ct. App. 2024). “He also contends the court abused its sentencing discretion by not dismissing two enhancements pursuant to Penal Code section 1385.1 We affirm the judgment.”
People v. Millsap CA1/3 (Cal. Ct. App. 2025). “After appellant Pamela Faye Millsap was convicted of child abuse, the trial court denied her request to dismiss two sentencing enhancements under Penal Code section 1385.1 She contends the trial court failed to accord proper weight to statutory mitigating factors.”
People v. Smith CA3 (Cal. Ct. App. 2015). “The trial court sustained a recidivist allegation, and denied a request to exercise its discretion to strike the finding pursuant to Penal Code section 1385.1 It then sentenced defendant to state prison for 15 years eight months.”
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