What is the standard of review for a motion to dismiss?

California, United States of America


The following excerpt is from The People v. Mcdonald, G041830, No. M-11541 (Cal. App. 2010):

In denying defendant's motion to dismiss, the trial court found the delay resulted from the parties' discovery litigation, not a lack of insufficient trial facilities. It also rejected defendant's argument he was being penalized, concluding that ultimately the case was not ready for trial until the discovery matters were resolved and the decision to fight the prosecutor's discovery efforts was a strategic decision made by defense counsel. Substantial evidence supports, and we agree with, these determinations. (See People v. Mitchell (1972) 8 Cal.3d 164, 167 [standard of review for motion to dismiss for denial of speedy trial].) Defendant has not shown error.

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