Castillo

Introduction

Defendant Robert Castillo was convicted of rape, sodomy by force, and kidnap to commit rape. He was sentenced to 31 years to life in prison. We affirm.

Defendant argues there was not substantial evidence supporting the jury’s finding that the prosecution was commenced before the statute of limitations expired. A felony prosecution commences for statute of limitations purposes when an indictment or information is filed, or an arrest warrant or bench warrant issues, with certain provisions. (Pen. Code, § 804.) Based on the date on which the information was filed in this case, which is a matter of public record, it is indisputable that the statute of limitations did not expire before the prosecution against defendant was commenced. In view of the indisputable date of the filing of the information, we hold substantial evidence supports the judgment; the prosecution commenced before the statute of limitations expired.

In People v. Lewis (1986) 180 Cal.App.3d 816, 821 [ 225 Cal.Rptr. 782 ] (Lewis), the appellate court considered a warrant for the defendant’s arrest, which was not in evidence at trial, but which was a part of the appellate record, to conclude the…