California, United States of America
The following excerpt is from People v. Curry, G051049 (Cal. App. 2017):
As was its prerogative, the trial court deferred ruling on appellant's motion until after he was tried. (See People v. Martinez (2000) 22 Cal.4th 750, 769 [to place a defendant's claim of prejudice in better context, the trial court may consider a motion to dismiss after all of the evidence is adduced at trial].) Describing appellant's claim of prejudice as "speculative," the court found he failed to show he was actually harmed as a result of the precharging delay. It therefore denied his motion to dismiss without
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requiring the prosecution to put forth any justification for the delay. Appellant contends this ruling was erroneous. He argues he carried his burden of establishing prejudice, and thus the matter should be remanded to permit the trial court to balance the harm he suffered against any purported justification for the delay. We review the trial court's decision under the deferential abuse-of-discretion standard. (People v. Jones (2013) 57 Cal.4th 899, 922.) Under that standard, there is no basis to disturb the trial court's ruling.
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