What is the test for dismissing a charge on the grounds of precharging delay?

requires notice and an opportunity to be heard; when an individual claims delay has violated due process, the individual bears the burden of establishing actual prejudice]; People v. Nelson (2008) 43 Cal.4th 1242, 1250 [a criminal defendant seeking to dismiss a charge on the ground of precharging delay must demonstrate prejudice to establish a due process violation].)

All remaining arguments are moot.

The order of dismissal is affirmed. Defendants are entitled to costs on appeal.