SAN FRANCISCO — Thursday morning in San Francisco Superior Court, Judge Brian J. Stretch granted the dismissal of a misdemeanor case involving a man who had been in custody for 356 days. The accused appeared in court for the first time nearly a year after the warrant was issued.
The accused was charged with a misdemeanor for possession of a switchblade and was arrested for acting erratically.
According to the deputy public defender, the accused has two other felony convictions that are expected to be dismissed following a mental health evaluation, according to the defense.
The DPD requested that Judge Stretch dismiss the misdemeanor charge under Penal Code section 1385, which allows a judge to dismiss a criminal charge or enhancement if it is in the “furtherance of justice.” The defense argued in favor of dismissal, citing the accused’s successful mental health evaluation and the fact that he had been in custody for over a year without appearing in court.
The defense emphasized the unfairness of the accused remaining in custody for nearly a full year without ever appearing in court. Despite the low-level nature of the charge, the accused spent 356 days in pretrial custody—a delay the defense framed as unreasonable, given his ongoing participation in mental health services.
Deputy District Attorney Blake Hyde said the prosecution did not oppose dismissal, in light of the circumstances raised by the defense.
Hyde added that, while the accused was reportedly acting erratically and brandishing a switchblade, the report noted he made no threats and no attacks occurred.
Judge Stretch ultimately agreed with the defense, stating that with the accused’s participation in Mental Health Diversion Court and his lengthy custody, it was “in the interest of justice to dismiss this matter.”
