Can a motion to dismiss a charge of assault be denied if the motion is denied?

While prejudice will be presumed with a delay of over one year in a misdemeanor prosecution (id. at p. 254, 219 Cal.Rptr. 420, 707 P.2d 793), this does not preclude the prosecution from presenting evidence to rebut the presumption. (Id. at p. 264, 219 Cal.Rptr. 420, 707 P.2d 793; People v. Egbert, supra, 59 Cal.App.4th [61 Cal.App.4th 622] at p. 510, 68 Cal.Rptr.2d 913.) If the motion is denied, and the reviewing court deems the denial was in error, the error is inherently prejudicial because a grant of the motion would have precluded further prosecution in most circumstances. (See Pen.Code, 1387 for the exceptions; People v. Egbert, supra, 59 Cal.App.4th at p. 514, 68 Cal.Rptr.2d 913.)