Anthony

Jerry Darnell Anthony has filed a petition for writ of mandate seeking an order directing the trial court to dismiss a pending charge of premeditated attempted murder (Pen. Code, §§ 664, subd. (a), 187). He contends the charge is barred by the six-year statute of limitations period prescribed by section 800. We issued an order to show cause and now deny Anthony’s petition. For purposes of determining the applicable limitation of time under section 805, subdivision (a), the life term imposed by section 664, subdivision (a), for premeditated attempted murder constitutes an alternative penalty provision, not an enhancement, and therefore Anthony’s prosecution for that crime “may be commenced at any time” under section 799.

PROCEDURAL BACKGROUND

By an amended information filed on May 19, 2008, Anthony was charged with the following offenses: attempting to dissuade a witness, in violation of section 136.1, subdivision (a)(2) (count 1); felon in possession of a firearm, in violation of section 12022 (count 2); street terrorism, in violation of section 186.22, subdivision (a) (count 3); attempted willful, deliberate, and premeditated murder (hereafter, premeditated attempted…