What is the test for failing to show prejudice in a motion to dismiss?
California, United States of America
The following excerpt is from People v. Smith, E071156 (Cal. App. 2021):
We review for substantial evidence the trial court's finding that defendants failed to show prejudice. (People v. Alexander (2010) 49 Cal.4th 846, 874 (Alexander).) We review the court's ruling on the motion to dismiss, which involves balancing prejudice and justification for the delay, for abuse of discretion. (People v. Cowan (2010) 50 Cal.4th 401, 431.)
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