What is the test for a motion to dismiss under section 802.5 of the California Criminal Code?

1 Defendant also argues that application of former section 802.5 denies him due process and equal protection but these arguments are so plainly spurious that no comment is required. Defendant's argument that he should now be allowed to bring a motion to dismiss for delay of prosecution (see Scherling v. Superior Court (1978) 22 Cal.3d 493, 503-505, 149 Cal.Rptr. 597, 585 P.2d 219) is also patently worthless. Defendant had ample opportunity and incentive to bring the motion in the court below before trial yet failed to do so. Belated discovery of a meritless statute of limitations issue provides no reason for giving defendant a second opportunity to bring the motion.