What is the applicable rule for a reversal of a conviction if a defendant has been convicted of a charge of causing unnecessary delay to his pre-arraignment?

California, United States of America


The following excerpt is from People v. Valenzuela, 150 Cal.Rptr. 314, 86 Cal.App.3d 427 (Cal. App. 1978):

When pre-arraignment delay is urged as a ground of reversal after conviction, the applicable rule is that stated in People v. Combes (1961) 56 Cal.2d 135, 142, 14 Cal.Rptr. 4, 7, 363 P.2d 4, 7: "A violation of a defendant's right to be taken before a magistrate within the time specified by the law does not require a reversal unless he shows that through such wrongful conduct he was deprived of a fair trial or otherwise suffered prejudice as a result thereof."

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