Can a motion to dismiss be dismissed on the basis of vindictive prosecution before trial?

The Attorney General responds that defendant has forfeited this contention by failing to move to dismiss on the basis of vindictive prosecution before trial. ( People v. Edwards (1991) 54 Cal.3d 787, 827, 1 Cal.Rptr.2d 696, 819 P.2d 436.) Because defendant's posttrial motion was based on a new case, and because defendant contends if his motion was untimely he was denied effective assistance of counsel, we decline to resolve this issue on procedural grounds. Instead, we will address it on the merits.