California, United States of America
The following excerpt is from People v. Jones, (Cal. 2013):
"We review for abuse of discretion a trial court's ruling on a motion to dismiss for prejudicial prearrest delay [citation], and defer to any underlying factual findings if substantial evidence supports them [citation]." (People v. Cowan (2010) 50 Cal.4th 401, 431.) In evaluating the correctness of a trial court's denial of a defendant's speedy trial motion, we consider all evidence that was before the court at the time the trial court ruled on the motion. (Ibid.) Thus,
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evidence presented at trial may be used to support or reject defendant's posttrial assertion of his speedy trial rights.
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