What is the test for dismissing an action for sexual assault?

Under section 1382, if an accused is not "brought to trial" within the prescribed time period--in this case, the 10-day grace period--the court [35 Cal.3d 781] must order the action dismissed "unless good cause to the contrary is shown." ¹³ The burden of showing good cause is on the prosecution. (Owens v. Superior Court, supra, 28 Cal.3d 238, 250, 168 Cal.Rptr. 466, 617 P.2d 1098.) Whether or not good cause exists depends upon the circumstances of the case. (Ibid.)