Smith v. Superior Court

Opinion

WHITE, P. J.

This petition presents the question of whether a trial court may reconsider and vacate an order dismissing a prosecution where there is an allegation that extrinsic fraud or mistake has taken place and that new facts would alter the court’s decision. We conclude that at least where no actual fraud has been perpetrated upon the court, a criminal court has no authority to vacate a dismissal entered deliberately but upon an erroneous factual basis.

The issue arises in connection with the decision by this court in People v. Smith (1980) 103 Cal.App.3d 840 [163 Cal.Rptr. 322],…