What is the test for a motion to dismiss for prejudicial prearrest delay?

California, United States of America


The following excerpt is from People v. Gonzalez, G048107 (Cal. App. 2014):

"Prejudice may be shown by '"loss of material witnesses due to lapse of time [citation] or loss of evidence because of fading memories attributable to the delay."' [Citations.]" (People v. Cowan (2010) 50 Cal.4th 401, 430.) "We review for abuse of discretion a trial court's ruling on a motion to dismiss for prejudicial prearrest delay . . . ." (Id. at p. 431.)

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