People v. Walton CA5

INTRODUCTION

In 2023, a jury convicted appellant Tyler James Walton of two misdemeanors: (1) simple assault (Pen. Code, § 240;1 count 1) and vehicular hit and run (Veh. Code, § 20002, subd. (a); count 2).2 Appellant was placed on informal probation for 12 months, and he was ordered to serve 45 days in jail. Appellant contends that this prosecution was untimely, and his two misdemeanor convictions must be reversed due to a violation of the statute of limitations. We reject appellant’s claim and affirm.

BACKGROUND

Appellant does not challenge the sufficiency of the evidence supporting his two misdemeanor convictions. In general, the People established the following at trial. On September 5, 2021, appellant merged onto a highway and another motorist, Damian Mulgado, believed appellant cut him off. Appellant and Mulgado exited the highway. When both vehicles were stopped at an intersection, a passenger in Mulgado’s vehicle exited that car, and he threw a wrench at one of the windows of appellant’s truck. Both vehicles drove away. A short time later, appellant drove his truck into the back of Mulgado’s vehicle, causing damage. Mulgado pulled over, but appellant drove away from the…