What is the test for a motion to dismiss a charge for a violation of the statutory right to speedy trial?

California, United States of America


The following excerpt is from Owens v. Superior Court, 168 Cal.Rptr. 466, 28 Cal.3d 238 (Cal. 1980):

15 When an accused seeks pretrial relief for a violation of his statutory right to a speedy trial, he is not obliged to show that he has been prejudiced by the delay. (People v. Wilson, supra, 60 Cal.2d at p. 151, 32 Cal.Rptr. at 53, 383 P.2d at 461.) If no good cause for the delay is shown, the court must dismiss the charges, regardless of its assessment of how burdensome the accused might have found the delay. (See People v. Fegelman (1944) 66 Cal.App.2d 950, 153 P.2d 436, (unexcused one-day delay beyond statutory period requires dismissal).) However, this court has held that after a judgment of conviction, a showing of actual prejudice is required. (People v. Wilson, supra, 60 Cal.2d at p. 152, 32 Cal.Rptr. at 54, 383 P.2d at 462.)

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