California Penal Code Section 1382

Penal Code section 1382, subdivision (a) provides: "The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases: . . . (2) In a felony case, when a defendant is not brought to trial within 60 days of the defendant's arraignment on an . . . information. . . ." "Whether there is good cause for a delay beyond the 60-day limit depends on the circumstances of the particular case and is a determination within the discretion of the trial court. An appellate court will not disturb that determination absent a showing of abuse of discretion. " (Hollis v. Superior Court (1985) 165 Cal.App.3d 642, 645.) "Defense counsel . . . ordinarily has authority to waive the statutory speedy trial rights of his or her client, even over the client's objection, as long as counsel is acting competently in the client's best interest. This is because statutory speedy trial rights are not among those rights that are considered so fundamental that they are 'beyond counsel's primary control.' On the other hand, our concern for the client's right to the assistance of unconflicted counsel has led us to conclude that appointed defense counsel lacks authority to waive his or her client's statutory speedy trial rights when the client personally objects to a continuance and the sole reason for the continuance is defense counsel's obligation to another client. " (Barsamyan v. Appellate Division of Superior Court (2008) 44 Cal.4th 960, 969.) A "defendant raising the issue after conviction must prove not only unjustified delay in bringing his case to trial but also prejudice flowing from that delay." (People v. Johnson (1980) 26 Cal.3d 557, 574.)