California, United States of America
The following excerpt is from People v. Ibanez, C066889, Super. Ct. No. CRF093531 (Cal. App. 2013):
Moreover, defendant has not shown prejudice. "Although a defendant seeking pretrial relief for a speedy trial violation is not required to make an affirmative showing of prejudice [citation], the situation is different after judgment. [Citations.] 'Upon appellate review following conviction, . . . a defendant who seeks to predicate reversal of a conviction upon denial of his right to speedy trial must show that the delay caused prejudice: this court, in reviewing the judgment of conviction, must "weigh the effect of the delay in bringing defendant to trial or the fairness of the subsequent trial itself." ' [Citation.]" (People v. Lomax (2010) 49 Cal.4th 530, 557.) Here, defendant has not shown prejudice, and no prejudice appears. For that additional reason, he is not entitled to reversal.
The judgment is affirmed.
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