What is the test for a motion to dismiss a charge under section 9 of the California Public Prosecution Service Act?

"Section 1382, which interprets the state constitutional right to a speedy trial (see Cal. Const., art. I, 15), provides that absent a showing of good cause, a defendant accused of a felony is entitled to a dismissal of the charges against him if he is not brought to trial within 60 days of the filing of the information." (People v. Johnson (1980) 26 Cal.3d 557, 561.) "We summarize briefly our conclusions respecting the

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speedy trial issue. We conclude, first, that when a client expressly objects to waiver of his right to a speedy trial under section 1382, counsel may not waive that right to resolve a calendar conflict when counsel acts not for the benefit of the client before the court but to accommodate counsel's other clients. Secondly, we conclude that, at least in the case of an incarcerated defendant, the asserted inability of the public defender to try such a defendant's case within the statutory period because of conflicting obligations to other clients does not constitute good cause to avoid dismissal of the charges. Finally, we reaffirm the holding of People v. Wilson (1963) 60 Cal.2d 139, that a defendant seeking post-conviction review of denial of a speedy trial must prove prejudice flowing from the delay of trial; we affirm here because defendant proved no prejudice." (Id., pp. 561-562.)

"'The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time. . . . It is therefore recognized that both the people and the defendant have the right to an expeditious disposition, and to that end it shall be the duty of all courts and judicial officers and of all counsel, both the prosecution and the defense, to expedite such proceedings to the greatest degree that is consistent with the ends of justice. . . . [] . . . [] Continuances shall be granted only upon a showing of good cause. The convenience of the parties is not in and of itself good cause. . . .' [Citation.]" (People v. Johnson, supra, 26 Cal.3d at pp. 562-563.)

A number of factors are relevant to a determination of good cause under section 1382: "'(1) the nature and strength of the justification for the delay, (2) the duration of the delay, and (3) the prejudice to either the defendant or the prosecution that is likely to result from the delay.'" (Smith v. Superior Court (2012) 54 Cal.4th 592, 598.