California, United States of America
The following excerpt is from The People v. Barrientos, F057964, No. BF119446A (Cal. App. 2010):
19 Cal.3d 99, 107.) In reviewing the application of facts found to the legal question of whether appellant was denied his right to speedy trial, the standard of review is de novo. (People v. Cromer (2001) 24 Cal.4th 889, 894 [standard of review for "determinations of law... is independent or de novo"]; cf. U.S. v. Beamon (9th Cir. 1993) 992 F.2d 1009, 1012 [whether a defendant has been denied his Sixth Amendment right to speedy trial presents a question of law that is reviewed de novo].)
"'A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it on matters to which the record is silent, and error must be affirmatively shown..(Denham v. Superior Court (1970) 2 Cal.3d 557, 564.)
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