What is the test for determining whether a motion is timely?
California, United States of America
The following excerpt is from The People v. Pearson, A127114, Super. Ct. No. 050900589 (Cal. App. 2010):
We first determine whether defendant's motion was timely. (People v. Hernandez (1985) 163 Cal.App.3d 645, 654.) The trial court's determination that the July motions
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were untimely must be evaluated as of the date and under the circumstances under which the court made its ruling. (People v. Marshall, supra, 15 Cal.4th at p. 25, fn. 2.)
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