Can a defendant withdraw his time waiver and assert his right to a speedy trial?

Defendant argues his absence from these proceedings prevented him from withdrawing his time waiver and asserting his right to a speedy trial. However, as discussed above, the delay in the commencement of trial did not prejudice defendant and thus did not impair his constitutional rights.

The judgment is affirmed.

Page 8

/s/_________
Margulies, J.

We concur:

/s/_________
Humes, P.J.

/s/_________
Banke, J.

Footnotes:

^1. People v. Marsden (1970) 2 Cal.3d 118 (Marsden).

^2. All statutory references are to the Penal Code.