What is the test for a motion to dismiss an action brought by a defendant who has not been brought to trial under section 1382 of the California Penal Code?

California, United States of America

The following excerpt is from People v. the Superior Court of Los Angeles County, 11 Cal. Daily Op. Serv. 12147, 131 Cal.Rptr.3d 770, 2011 Daily Journal D.A.R. 14387 (Cal. App. 2011):

^14.Under Penal Code section 1382, when a criminal case has not been brought to trial within the presumptive statutory time limit and the defendant has not consented to a postponement of the trial, the trial court must dismiss the action unless there is good cause for the delay. (See People v. Engram, supra, 50 Cal.4th at p. 1162, 116 Cal.Rptr.3d 762, 240 P.3d 237.)

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