Does a defendant have to make a prior demand for a speedy trial as a condition for consideration of a motion for speedy trial?

The court rejected a proposed rule that would require a prior demand for a speedy trial as a prerequisite to consideration of a speedy trial claim. The proposed rule, in effect, presumed a waiver of the constitutional right and was diametrically opposed to the court's pronouncements on waiver of constitutional rights: a waiver requires an intentional relinquishment or abandonment of a known right or privilege. [Citation.] ( Barker v. Wingo, supra, 407 U.S. at p. 525, 92 S.Ct. 2182.) Although the court rejected the rule that a defendant who fails to make a speedy trial demand forever waives his right ( id. at p. 528, 92 S.Ct. 2182, fn. omitted), it held the assertion of or failure to assert [the] right to a speedy trial is one of the factors to be considered in an inquiry into the deprivation of

[214 Cal.App.4th 33]