What is the test for establishing actual prejudice in a motion for dismissal?

important components of steps 2 and 3. This is an incorrect application of the law, and, thus, an abuse of discretion because, "the initial burden in establishing a violation of article I, section 15 [of the California Constitution], is on the defendant seeking dismissal who must demonstrate prejudice attributable to the delay in arrest. [Citation.] Only after he has done so must the court determine if the delay was justified and engage in the balancing process." (Serna v. Superior Court (1985) 40 Cal.3d 239, 249.) Keeping in mind the mandatory sequence of the three-step analysis, we conclude that the trial court's finding that defendant established actual prejudice is both an abuse of discretion and not supported by substantial evidence in this record.