Re: Speedy Trial for Trial De Novo
Well, if you subsequently filed for a Trial De Novo, then you basically said "you were dissatisfied with the decision of the court, and as such, you are requesting that the TBD verdict and subsequent sentence be set aside (as in voided out or deleted), and that a "NEW TRIAL" be scheduled for your case... Meaning "no $200 refund is forthcoming"!
The 45 day time limit within CRC 4.210 is not a statutory limit nor is it related to the time limits set by PC1382, or by the state or federal constitution. Furthermore, CRC 4.210 offers no remedy if/when such a delay were to occur. That added to the fact that there is good reason for the delay (a witness not available) rules out a possible dismissal due to a perceived violation of your right under CRC 4.210 or under PC 1382.
That leaves you either having to argue a violation of your right to a speedy trial under the federal guarantee but you're not likely to pass the test that would qualify such claim as being valid; OR, having to argue a violation of you right to a speedy trial as guaranteed by the state constitution, but that places the burden on you to show how your case was prejudiced by the delay. And you simply have not posted enough information to suggest any sort of prejudice.
So it is not as simple as your post seems to imply. If any of that is not clear enough, you can read People v. Benhoor, 177 Cal. App. 4th 1308 - Cal: Court of Appeals, 2nd Appellate Dist., 7th Div. 2009
I am right 97% of the time... Who cares about the other 4%!