On remand, what factors will the court consider in determining the reasonableness of the prosecution delay?

California, United States of America


The following excerpt is from People v. Yniquez, 116 Cal.Rptr. 626, 42 Cal.App.3d Supp. 13 (Cal. Super. 1974):

,9] It is true, however, that while delay in violation of section 1382 time limits may be excused where good cause is shown, that delay must not be unreasonable. (In re Lopez, Supra, 39 Cal.2d 118, 120, 245 P.2d 1.) The court made no finding on this issue. Reasonableness is, generally speaking, a question of fact for the trial court. All of the circumstances involved in each case including its own particularized history and the time when the court will be able to try the case in the future, bear on the question of reasonableness. (Cf. Jones v. Superior Court (1970) 3 Cal.3d 734, 91 Cal.Rptr. 578, 478 P.2d 10, dealing with the reasonableness of preprosecution delay.) On remand, these factors should be considered in addition to those discussed above which are supported.

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