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PEOPLE v. LOWE

No. S131879.

56 Cal.Rptr.3d 209 (2007)

40 Cal.4th 937

154 P.3d 358

The PEOPLE, Plaintiff and Appellant, v. Daniel LOWE, Defendant and Respondent.

Supreme Court of California.

March 29, 2007.

Attorney(s) appearing for the Case

George W. Kennedy, District Attorney, Neal Kimball, Joseph Thibodeaux and Marilyn Masciarelli, Deputy District Attorneys, for Plaintiff and Appellant.

Jose R. Villarreal and Mary J. Greenwood, Public Defenders, and Brian J. Matthews, Deputy Public Defender, for Defendant and Respondent.

Michael P. Judge, Public Defender (Los Angeles) and John Hamilton Scott, Deputy Public Defender, as Amici Curiae" on behalf of Defendant and Respondent.

KENNARD, J.

The California Constitution guarantees criminal defendants the right to a speedy trial. (Cal. Const., art. I, § 15.) When a violation of that right arises from a delay that occurs "after the filing of a complaint and before arrest or formal accusation by indictment or information ... a defendant seeking dismissal must affirmatively demonstrate prejudice." (People v. Martinez (2000) 22 Cal.4th 750, 755...

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