In what circumstances will a judge order a retrial of a defendant who has never had a trial?

That actually was the situation presented by People v. Serrato, Supra. There, because of sloppy proceedings in the county clerk's office, the preparation of a proper record was delayed for a long time until, finally, a proper record could no longer be filed because the reporter had destroyed his notes. The court held that on that state of the record the judgment had to be reversed and a retrial ordered. However, the question whether such a retrial would deprive the defendant of his constitutional right to a speedy trial was not raised or discussed. In any event, there is a difference between a retrial after a presumptively proper determination of guilt at a first trial and the case at bar where no trial has ever been had.