What is the test for dismissing an action under section 1382 of the California Penal Code?

Section 1382, subdivision (a) provides in relevant part that, "unless good cause to the contrary is shown," a court must order an action dismissed in a felony case when "the cause is to be tried again following . . . an appeal from the superior court" and the defendant "is not brought to trial" "within 60 days . . . after the filing of the remittitur in the trial court." ( 1382, subd. (a) & (a)(2).) The 60-day statutory time period in section 1382 applies following an appellate court's remand to the superior court for a retrial limited to prior conviction allegations. (People v. Martin (1978) 87 Cal.App.3d 573, 576.)

The statutory speedy trial rights provided for in section 1382 and related sections of the Penal Code " 'are supplementary to and a construction of the state constitutional speedy trial guarantee." (People v. Martinez (2000) 22 Cal.4th 750, 766.) "[S]ection 1382 constitutes a legislative endorsement of dismissal as a proper judicial sanction for

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violation of the constitutional guarantee of a speedy trial and as a legislative determination that a trial delayed more than 60 days is prima facie in violation of a defendant's constitutional right." (Sykes v. Superior Court (1973) 9 Cal.3d 83, 89, fn. omitted.)