What is the impact of a failure to provide sufficient facilities at all times to try every criminal defendant?

We recognize that having sufficient facilities at all times to try every criminal defendant is economically wasteful, and generally unnecessary, given the large number of cases which are disposed of by plea. ⁶ However, if the state choses to provide only sufficient resources to handle the expected number of trials, it must be prepared to accept consequences should its prediction prove wrong. (See Plezbert v. Superior Court (1971) 22 Cal.App.3d 169, 173, 99 Cal.Rptr. 340 (risk of unexplained error or neglect rests on prosecutor).) The cost of its error cannot be passed on to defendants.